Full Text
CRL.M.C.930/2015
MAYANK GARG&ORS Petitioners
Through Mr.Siddharth Khattar,Adv.
Through Mr.M.N.Dudeja,APP for the State along with SI Sumitra Sharma,PS
Rajouri Garden,in person.
Mr.Anil Sharma,Adv.for R-2.
10.03.2015 Crl.M.A.No.3487/2015(exemption)
Exemption allowed,subjecttojust exceptions.
The application is disposed of.
Crl.M.C.No.930/2015 The present petition has been filed by the petitioners under Section
482 Cr.P.C. for quashing of FIR No.26/2014, registered on January, 2014, under Sections 498-A/406/34 IPG, at P.S. Rajouri Garden, Delhi on the complaint ofrespondentNo.2.
Brief facts of the case are that respondent No.2 got married with petitioner No.1 on 17^^ July,2007 according to Hindu rites and ceremonies. th
One female child, namely, Vanshika was bom out ofthis wedlock on 18
2015:DHC:10755 May,2009. Due to temperamental differences,they are living separately from each othersince August.2012. In the meanwhile,onthe basis ofthe complaint made by respondent No.2. the aforesaid FIR was registered againstthepetitionerson 8'' Januaiy. 2014. During the pendency of the proceedings, the petitioner No.l and respondent No.2 have settled their disputes amicably by virtue of Settlement Agreement dated 2"" February,
ORDER
2015. The terms and conditions ofthe settlement are mentioned in the said agreement.Copy ofthe same is placed onthe record which is duly signed by the parties. In view ofthe settlement,the First Motion Petition for divorce by mutual consent was filed by the parties, which was allowed by order th dated 11 February, 2015. I have been informed that the Second Motion Petition for divorce would be filed as per the settlement. The relevant clauses of the settlement are Clauses 3 & 5 of the agreement. In terms ofthe settlement, petitioner No.l agreed to pay a total sum of Rs.21 lac to respondent No.2 towards full and final settlement amount including permanent alimony, maintenance(past, present or future) or any other amount claimed under any other head including jewellery, articles, stridhan, etc. The said amount includes the amount of Rs.[8] lac lying in Fixed Deposit which was prepared in the name of Baby Vanshika and is presently lying in the custody ofthe 10 in the matter. The petitioners have no objection ifthe said FDR be now released to the respondent No.2 subject to the condition that respondent No.2 would not use the said amount ofthe FDR till the Second Motion is passed. Respondent No.2 is agreeable for the same. Ordered accordingly. The 10 is directed to release the aforesaid FDR to respondentNo.2. Tie petitioner No.l had already paid R[3].[4] lac to respondent No[2] dunngFirstMotionPetition. HehaspaidanothersumofRs.^lacbywayof demanddrafttorespondentNo,2todayinCourtitself. Themmainingsum ofRs.5lac would bepaid bypetitionerNo.l torespondentNo.2atthetime ofrecordingofherstatementduringtheSecondMotionPetitijm.Theparties shall be bound by terms and conditions ofthe settlementasrecorded in the Settlement Agreement. I All the petitioners as well as respondent No.2 are present in Court who are duly identified by their respective counsel. Identification proofs have been filed by the parties along with the petition. Respondent No.2/complainant has confirmed the settlement as well as reiceiving ofthe up-to-date amount from petitioner No.l in terms thereof. She has assured that she would be present before Court for the purposes ofSecond Motion. I She has no objection ifthe prayer made in the present petition is allowed. She has also filed her affidavitin thisregard which is placed on the record. In view ofthe averments made in the petition as well as!the settlement arrived at between the parties, the FIR No.26/2014, registered on 8^^ January, 2014, under Sections 498-A/406/34 IPC, at P.S. Rajouri Garden, Delhi and proceedings pursuant thereto are hereby quashed qua the petitioners. I I The petition is accordingly disposed of. n rOHA