Full Text
CRLM.C. 3035/2011
SATPAL SINGH Petitioner
Through : Mr.Narinder Pal Singh,Adv.
Through : Ms.Rajdipa Behura, APP for State Mr.Mukesh Gupta,Adv. for R-2 with respondent No.2 in person.
12.09.2011 Crl.M.A.No.l0725/2011(exemption)
Exemption is allowed subject to just exceptions.
Crinninal M.A. stands disposed of.
ORDER
1. Learned counsel for the petitioner submits that the vide FIR No.151/2002 a case under Section 498A/406 Indian Penal Code, 1860 has been registered against the petitioner on the compliant of respondent No.2 at police station Keshav Puram.
2. Further submits that respondent No.2 and petitioner entered into a settlement on 08.07.2011, as per settlement, ^1,500/- each to respondent No.2 and son namely Ekam till 2011:DHC:12228 the age of majority.
3. As per settlement, petitioner shall pay a sum of ? l.OOIac as maintenance to the respondent in six installments. The first installment of ^25,000/- has already been paid on 24.08.2011. Further submits that as per the settlement, balance amount of ?75,000/- shall be paid in quarterly installments of? 15,000/- in five installments.
4. Respondent No.2 Smt.Sureinder Kaur is personally present in the Court with her counsel Mr.Mukesh Gupta, Advocate. Her photograph is also pasted on the memo of parties. Additionally, photocopy of her voter identity card issued by the Election Commission of India is placed at page N0.4B of the petition. She submits that she has no objection to the quashing of the FIR provided the petitioner continued to pay the installments as per settlement dated 08.07.2011. Further submits that if the petitioner fails in even one installment, as per the settlement, she has reserved all rights to get the matter revived. She has also furnished her bank account particulars as Account No.10525707316 maintained with State Bank of India, Keshav Puram Branch, Delhi. Same has been noted by petitioner.
5. Learned counsel for the petitioner, on instruction from petitioner Sh.Satpal Singh, who is present in the Court submits that in any circumstance, the petitioner shall continue to pay the installments in the above stated account as per the settlement arrived at between the parties.
6. Additionally, after the settlement, petitioner and respondent No.2 made the joint statement before the learned Family Judge on 07.09.2011, which reads as under;- "As per the settlement Ex.PX, the JD shall pay a sum of Rs.1,00,000/- In full and final settlement of DH's claim In the present petition as well as In Ex.No.146/2010. Out of the said amount, the JD has already paid a sum of Rs.25,000/- to the DH on 26.08.2011. Balance amount of Rs.75,000/shall be paid by the JD to the DH in five Installments of Rs.15,000/- each on 05.12.2011, 05.03.2012, 05.06.2012, 05.09.2012 and 05.12.2012. I, the JD, shall continue to pay a sum of Rs.3000/- p.m. (Rs.1500/- each) towards maintenance of the DH/wife and son Master Ekam Singh tiii he attains majority on 28.11.2014. In case JD fails to honour the terms of settlement, the DH shall be at liberty to revive her execution petition. Both of us undertal<e to abide by the terms 0 of the settlement".
7. Keeping the settlement into view and tlie statement made by the parties before tlie Court aforementioned, tiie FIR No.151/2002 under Section 498A/406 Indian Penal Code, 1860 registered against the petitioner at police station Keshav Puram & proceedings emanating thereto are hereby quashed.
8. Considering the financial position of petitioner, I refrain in imposing any costs upon him.
9. Criminal M.C.No.3035/2011 is allowed in above terms.
10. Copy of order dasti under signature of the Court Master.
SURESH KAIT, J SEPTEMBER 12, 2011 Mi