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% 01.08.2011
Present: Mr. Sohan Kumar wiff Mr. Khush Bir Singh for the appellant.
Mr. Murari Tiwari with Ms. Priyanka Nayak for the respondent.
+ MAT. APP. No. 106/2010 and CM No. 17260/2010
*
Both the parties are present in the Court along with their respective counsel.
Counsel for the parties submit that due to the intervention of the Mediation & Conciliation Centre of Delhi High Court, both the parties have settled all their inter se disputes. Counsel further submit that settlement agreement dated 25.7.2011 executed between the parties has been duly signed by both the parties and by the counsel for the parties as well. Counsel further submit that in terms of the settlement agreement the respondent has agreed to pay a sum of
Rs.3,20,000/- to the appellant wife towards full and final settlement of all her material claims on or before 25.9.2011.
Counsel further submit that as per the Memorandum of
Settlement an amount of Rs.1,00,000/- shall be paid by the respondent to the appellant at the time of withdrawal of the present appeal and the balance sum of Rs.2,20,000/L shall be paid by the respondent to the appellant at the time of quashing of the FIR No. 319 dated
2011:DHC:15002
21.6.2009. Counsel further submit that in terms of the settlement the above amount shall be paid by the respondent to the appellant within
60 days of the signing of the settlement agreement. Counsel further submit that as per the settlement appellant shall withdraw her present appeal and domestic violence complaint No. 21/1 of 2008 and also cooperate in quashing the FIR No. 319 dated 21.6.08 under Section
498A/406/341PC filed against the respondent.
I have heard learned counsel for the parties and have perused the terms of the memorandum of settlement dated 25.7.2011.
The settlement has been arrived at between the parties due to the intervention of Mediation and Conciliation Centre of this court. The settlement agreement has been duly signed by both the parties and also by their respective counsel. The settlement agreement dated
25.7.2011 is exhibited as Ex. C-I. In terms of the settlement an amount of Rs. 1 Iakh towards first installment has been handed over by the counsel for the respondent to the appellant present in Court by way pay order No. 144634 dated 29th July, 2011 drawn on Syndicate
Bank, Kingsway (G.T.B. Nagar), Delhi - 09 in favour of Laxmi Rani. The balance amount of Rs. 2,20,000/- shall be paid by the respondent to the appellant before the concerned Magistrate at the time of quashing of the FIR No. 319 dated 21.6.2008. As regards term (e) of the
Memorandum of Settlement is concerned counsel for the respondent
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VO submits that the respondent shall return the stridhan as per the admitted list filed before the Mediation Cell. The appellant has also agreed to support the respondent in seeking quashing of the FIR registered against the respondent under Section 498A/406/34 IPC.
The appellant has also agreed to withdraw the Domestic Violence complaint No. 21/1 of 2008 filed by her.
In the light of the aforesaid settlement arrived at between the parties, the present appeal is dismissed as withdrawn.
With the withdrawal of the present appeal filed by the appellant the impugned
% 01.08.2011
Present: Mr. Sohan Kumar wiff Mr. Khush Bir Singh for the appellant.
Mr. Murari Tiwari with Ms. Priyanka Nayak for the respondent.
+ MAT. APP. No. 106/2010 and CM No. 17260/2010
*
Both the parties are present in the Court along with their respective counsel.
Counsel for the parties submit that due to the intervention of the Mediation & Conciliation Centre of Delhi High Court, both the parties have settled all their inter se disputes. Counsel further submit that settlement agreement dated 25.7.2011 executed between the parties has been duly signed by both the parties and by the counsel for the parties as well. Counsel further submit that in terms of the settlement agreement the respondent has agreed to pay a sum of
Rs.3,20,000/- to the appellant wife towards full and final settlement of all her material claims on or before 25.9.2011.
Counsel further submit that as per the Memorandum of
Settlement an amount of Rs.1,00,000/- shall be paid by the respondent to the appellant at the time of withdrawal of the present appeal and the balance sum of Rs.2,20,000/L shall be paid by the respondent to the appellant at the time of quashing of the FIR No. 319 dated
2011:DHC:15002
21.6.2009. Counsel further submit that in terms of the settlement the above amount shall be paid by the respondent to the appellant within
60 days of the signing of the settlement agreement. Counsel further submit that as per the settlement appellant shall withdraw her present appeal and domestic violence complaint No. 21/1 of 2008 and also cooperate in quashing the FIR No. 319 dated 21.6.08 under Section
498A/406/341PC filed against the respondent.
I have heard learned counsel for the parties and have perused the terms of the memorandum of settlement dated 25.7.2011.
The settlement has been arrived at between the parties due to the intervention of Mediation and Conciliation Centre of this court. The settlement agreement has been duly signed by both the parties and also by their respective counsel. The settlement agreement dated
25.7.2011 is exhibited as Ex. C-I. In terms of the settlement an amount of Rs. 1 Iakh towards first installment has been handed over by the counsel for the respondent to the appellant present in Court by way pay order No. 144634 dated 29th July, 2011 drawn on Syndicate
Bank, Kingsway (G.T.B. Nagar), Delhi - 09 in favour of Laxmi Rani. The balance amount of Rs. 2,20,000/- shall be paid by the respondent to the appellant before the concerned Magistrate at the time of quashing of the FIR No. 319 dated 21.6.2008. As regards term (e) of the
Memorandum of Settlement is concerned counsel for the respondent
I
VO submits that the respondent shall return the stridhan as per the admitted list filed before the Mediation Cell. The appellant has also agreed to support the respondent in seeking quashing of the FIR registered against the respondent under Section 498A/406/34 IPC.
The appellant has also agreed to withdraw the Domestic Violence complaint No. 21/1 of 2008 filed by her.
In the light of the aforesaid settlement arrived at between the parties, the present appeal is dismissed as withdrawn.
With the withdrawal of the present appeal filed by the appellant the impugned
JUDGMENT
and degree dated 8.7.2010 shall attain finality between the parties.
The parties shall remain bound by the terms of the settlement agreement dated 25.7.2011.
With the above directions, the present appeal stands disposed of in terms of Settlement Agreement dated 25.07.2011.
August 01, 2011 KAILAS11 J rkr
The parties shall remain bound by the terms of the settlement agreement dated 25.7.2011.
With the above directions, the present appeal stands disposed of in terms of Settlement Agreement dated 25.07.2011.
August 01, 2011 KAILAS11 J rkr