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Vo L5.11.2010
Present: Mr. Salar M. Khan and Sridevi Pannikar. the Petitioners.
Mr. U.L. Watwani, APP for the State \Mith
Kumar, P.S. Dwarka, Sector - 23.
Respondent No. 2 in person.
+ Crl.
M.A. No. 1733O/2O1O (exemptionl
*
Advs. for
SI Prem
.T a
Allowed, subject to all just exceptions.
Application stands dispose of. crl. M.c. No.'3539/2010 & crl.
M.A. No. lz33o/2olo(stayl
Petitioner Nos. 1 and 2 were ma:ried according to Hindu rites and ceremonies on L2th December, 2OO2. Due to some temperamental differences they could not live together for long. on the complaint of petitioner No. 2, FIR in question was registered against petitioner Nos. 1 and 3. Petitioner No. 3 is the mother of petitioner No. 1. Now, parties have setfled their disputes amicably.
They have decided to part ways and have even obtained decree of divorce by mutual consent from the Family Court, Dwarka, New Delhi on 29u September, 2oro. Terms of settlement have been recorded in the deed of setflement dated 3'd November. 2oog
2010:DHC:10739 fr
.z^
(Annexure P-3 at page No. 17). Parties shall remain bound by the terms of settlement. In terms of the settlement, a sum of
/
T1,30,000/- had already been paid till the decree of divorce had been passed. A sum of t TO,OOOI- has been paid by way of demand draft; photocopy whereof has been placed on record. A jsum of { 2, 26,000l- is lying deposited in the fixed deposit receipt drawn in favour of petitioner No. 2 and given by petitioner No. 1 at the time of grant of anticipatory bail. Petitioner No. t has no objection in case petitioner No. 2 retatns this FDR and gets the sarne encashed. It is further submitted that petitioner No. 1 shall also have no objection if the interest accrued on the FDR is also retained by petitioner No. 2.
Keeping in mind the above facts, in the larger interest, I quash the FIR No. 408/2005 under Sections 498-A1406 IPC registered at police station Dwarka and the consequent proceedings eimanating therefrom.
Petition is disposed of in the above terms.
Copy of the order be given dasti.
I
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/\^ c>d
-?,.K. PATHAK, J.
NOVEMBER 15, 2OLO rb
2010:DHC:10739
Vo L5.11.2010
Present: Mr. Salar M. Khan and Sridevi Pannikar. the Petitioners.
Mr. U.L. Watwani, APP for the State \Mith
Kumar, P.S. Dwarka, Sector - 23.
Respondent No. 2 in person.
+ Crl.
M.A. No. 1733O/2O1O (exemptionl
*
Advs. for
SI Prem
.T a
Allowed, subject to all just exceptions.
Application stands dispose of. crl. M.c. No.'3539/2010 & crl.
M.A. No. lz33o/2olo(stayl
Petitioner Nos. 1 and 2 were ma:ried according to Hindu rites and ceremonies on L2th December, 2OO2. Due to some temperamental differences they could not live together for long. on the complaint of petitioner No. 2, FIR in question was registered against petitioner Nos. 1 and 3. Petitioner No. 3 is the mother of petitioner No. 1. Now, parties have setfled their disputes amicably.
They have decided to part ways and have even obtained decree of divorce by mutual consent from the Family Court, Dwarka, New Delhi on 29u September, 2oro. Terms of settlement have been recorded in the deed of setflement dated 3'd November. 2oog
2010:DHC:10739 fr
.z^
(Annexure P-3 at page No. 17). Parties shall remain bound by the terms of settlement. In terms of the settlement, a sum of
/
T1,30,000/- had already been paid till the decree of divorce had been passed. A sum of t TO,OOOI- has been paid by way of demand draft; photocopy whereof has been placed on record. A jsum of { 2, 26,000l- is lying deposited in the fixed deposit receipt drawn in favour of petitioner No. 2 and given by petitioner No. 1 at the time of grant of anticipatory bail. Petitioner No. t has no objection in case petitioner No. 2 retatns this FDR and gets the sarne encashed. It is further submitted that petitioner No. 1 shall also have no objection if the interest accrued on the FDR is also retained by petitioner No. 2.
Keeping in mind the above facts, in the larger interest, I quash the FIR No. 408/2005 under Sections 498-A1406 IPC registered at police station Dwarka and the consequent proceedings eimanating therefrom.
Petition is disposed of in the above terms.
Copy of the order be given dasti.
I
{ t\
/\^ c>d
-?,.K. PATHAK, J.
NOVEMBER 15, 2OLO rb
2010:DHC:10739
JUDGMENT