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Present: Mr. Kuldeep Singh and Mr. Sanjay Bhardwaj, Advs. for the petitioners along with petitioner no. 1 in person.
Mr. U.L. Watwani, APP for the State along with SI
Surender Kumar, P.S. Tilak Nagar.
Respondent no. 2 in person.
Petitioner no. 1 (husband) and petitioner no. 5 (wife) were married on 24th March, 2OO2 as per Hindu rites and ceremonies.
It appears that there had been temperamental differences between the husband and wlfe right from the beginning of their marriage. In the year 2OOT petitioner no. 5 was transferred from
Delhi to Mumbai. Petitioner no. 1 remained in Delhi. He filed a petition under Section 9 of the Hindu Marriage Act, 1955 which was decreed by the Additional District Judge (ADJ). On lst
October, 2OO9 petitioner no. 5 challenged the decree passed by the ADJ by filing MAT Appeal No. 2612010 before this Court.
During the pendency of said appeal both the parties have setfled their disputes amicably. Terms of settlement have been recorded in the Settlement Deed dated 21"t December, 2OIO i.e. Ex. Cl.
Accordingly, in view of the settlement arrived at between th.e parties, the above-mentioned MAT appeal has also been disposed of. In terms of the settlement. both husband and wife have a
2011:DHC:10495 decided to part ways. First motion under Section 13(8)(1) of the
Hindu Marriage Act, 1955 filed by them has also been accepted by the Additional District Judge, Delhi on 4th March, 2OLL-
Petitioner no. t has also paid a sum of Rs.6 lakhs to petitioner no. 5 at the time of first motion. Remaining amount of Rs.3 lakhs is to be paid at the time of second motion. Parties shall remain bound by the terms of the settlement. Petitioner no.S, who is present in Court, has no objection in case the FIR is quashed.
In view of the settlement arrived at between the parties, no fruitful purpose would be served in keeping the criminal proceedings pending more so, when parties have decided to part ways. Accordingly, in the larger interest, FIR No. I83|2OO8 under Section 498-A1406134 IPC registered at Police Station
Tilak Nagar and consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms. Dasti.
</
A.K. PATHAK, J.
May 2o,?OLL ga
2011:DHC:10495
% 20.o5.20rL
Present: Mr. Kuldeep Singh and Mr. Sanjay Bhardwaj, Advs. for the petitioners along with petitioner no. 1 in person.
Mr. U.L. Watwani, APP for the State along with SI
Surender Kumar, P.S. Tilak Nagar.
Respondent no. 2 in person.
Petitioner no. 1 (husband) and petitioner no. 5 (wife) were married on 24th March, 2OO2 as per Hindu rites and ceremonies.
It appears that there had been temperamental differences between the husband and wlfe right from the beginning of their marriage. In the year 2OOT petitioner no. 5 was transferred from
Delhi to Mumbai. Petitioner no. 1 remained in Delhi. He filed a petition under Section 9 of the Hindu Marriage Act, 1955 which was decreed by the Additional District Judge (ADJ). On lst
October, 2OO9 petitioner no. 5 challenged the decree passed by the ADJ by filing MAT Appeal No. 2612010 before this Court.
During the pendency of said appeal both the parties have setfled their disputes amicably. Terms of settlement have been recorded in the Settlement Deed dated 21"t December, 2OIO i.e. Ex. Cl.
Accordingly, in view of the settlement arrived at between th.e parties, the above-mentioned MAT appeal has also been disposed of. In terms of the settlement. both husband and wife have a
2011:DHC:10495 decided to part ways. First motion under Section 13(8)(1) of the
Hindu Marriage Act, 1955 filed by them has also been accepted by the Additional District Judge, Delhi on 4th March, 2OLL-
Petitioner no. t has also paid a sum of Rs.6 lakhs to petitioner no. 5 at the time of first motion. Remaining amount of Rs.3 lakhs is to be paid at the time of second motion. Parties shall remain bound by the terms of the settlement. Petitioner no.S, who is present in Court, has no objection in case the FIR is quashed.
In view of the settlement arrived at between the parties, no fruitful purpose would be served in keeping the criminal proceedings pending more so, when parties have decided to part ways. Accordingly, in the larger interest, FIR No. I83|2OO8 under Section 498-A1406134 IPC registered at Police Station
Tilak Nagar and consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms. Dasti.
</
A.K. PATHAK, J.
May 2o,?OLL ga
2011:DHC:10495
JUDGMENT