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# 30
/o 15.11.2010
Present: Mr. K.C. Jain & Mr. Vivek Jain, Advs. for the
Petitioners with petitioners in person.
Mr. Arvind Gupta, APP for the State with SI
Devender Singh, P.S. CAWC, Nanakpura, Delhi.
Respondent No.2 in person.
+ Crl. M.C. No. 3490/2010
*
Petitioner No. 1 and respondent No. 2 were married on 7th May, 1999 as per Hindu rites and ceremonies. One female child was bom from their wedlock sometime in the year 2000. Since
2002, parties started living separately. On a petition flied by petitioner No. 1, ex-parte decree of divorce was passed by the Civil
Judge, Senior Division, Ghaziabad, U.P. on 5th February, 2004.
Thereafter, respondent No. 2 flied a complaint before the Crime
Against Women Cell, pursuant whereof FIR in question under
Section 498A/ 406I 34 IPC was registered at police station
Bhajanpura. Respondent No. 2 filed an application under Order 9
Rule 13 of the CPC on 2nd April, 2005 praying therein that ex-parte decree of divorce be set aside. The said case is still pending before the Civil Judge, Senior Division, Ghaziabad, U.P.
Now, parties have settled their disputes. Terms of settlement have been recorded in the settlement deed dated 9th June, 20 10;
2010:DHC:10731 certified copy whereof has been placed on record (Annexure C at page No. 42). Both the parties shall remain bound by the terms of settlement. In terms of settlement, respondent No. 2 has already withdrawn the petition under Section 125 Cr.P.C. filed by her. A sum of~ 3 lacs has already been received by respondent No. 2 from petitioner No. 1, which fact she confirms in the Court today. A demand draft amounting to~ 3.5 lacs drawn in the name of minor child of the parties has been handed over to respondent No. 2 by petitioner No. 1 today in the Court. Respondent No. 2 has no objection, if the FIR in question is quashed.
Keeping in mind the settlement arrived at between the parties and in the larger interest, I quash the FIR No. 172/2005 under
Sections 498-A/406/34 IPC registered at police station
Bhajanpura and the consequent proceedings emanating therefrom.
Petition is disposed of in the above terms.
Copy of the order be given dasti.
NOVEMBER 15, 2010 rb
Present: Mr. K.C. Jain & Mr. Vivek Jain, Advs. for the
Petitioners with petitioners in person.
Mr. Arvind Gupta, APP for the State with SI
Devender Singh, P.S. CAWC, Nanakpura, Delhi.
Respondent No.2 in person.
+ Crl. M.C. No. 3490/2010
*
Petitioner No. 1 and respondent No. 2 were married on 7th May, 1999 as per Hindu rites and ceremonies. One female child was bom from their wedlock sometime in the year 2000. Since
2002, parties started living separately. On a petition flied by petitioner No. 1, ex-parte decree of divorce was passed by the Civil
Judge, Senior Division, Ghaziabad, U.P. on 5th February, 2004.
Thereafter, respondent No. 2 flied a complaint before the Crime
Against Women Cell, pursuant whereof FIR in question under
Section 498A/ 406I 34 IPC was registered at police station
Bhajanpura. Respondent No. 2 filed an application under Order 9
Rule 13 of the CPC on 2nd April, 2005 praying therein that ex-parte decree of divorce be set aside. The said case is still pending before the Civil Judge, Senior Division, Ghaziabad, U.P.
Now, parties have settled their disputes. Terms of settlement have been recorded in the settlement deed dated 9th June, 20 10;
2010:DHC:10731 certified copy whereof has been placed on record (Annexure C at page No. 42). Both the parties shall remain bound by the terms of settlement. In terms of settlement, respondent No. 2 has already withdrawn the petition under Section 125 Cr.P.C. filed by her. A sum of~ 3 lacs has already been received by respondent No. 2 from petitioner No. 1, which fact she confirms in the Court today. A demand draft amounting to~ 3.5 lacs drawn in the name of minor child of the parties has been handed over to respondent No. 2 by petitioner No. 1 today in the Court. Respondent No. 2 has no objection, if the FIR in question is quashed.
Keeping in mind the settlement arrived at between the parties and in the larger interest, I quash the FIR No. 172/2005 under
Sections 498-A/406/34 IPC registered at police station
Bhajanpura and the consequent proceedings emanating therefrom.
Petition is disposed of in the above terms.
Copy of the order be given dasti.
NOVEMBER 15, 2010 rb
A/"\.../~- rt.P~THAK, J.
2010:DHC:10731
2010:DHC:10731
JUDGMENT