Sujoy Chatterjee vs Lipika Chatterjee
2011 Latest Caselaw 5214 Del

$~04
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C.No.3582/2010

%              Judgment delivered on:24th October, 2011


SUJOY CHATTERJEE                          ..... Petitioner/non-applicant.
                               Through : In person.

                      versus

LIPIKA CHATTERJEE                        ..... Respondent/applicant.
                               Through : Ms.Anu Bagai, Adv

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

     1. Whether the Reporters of local papers
        may be allowed to see the judgment?                         NO
     2. To be referred to Reporter or not?                          NO
     3. Whether the judgment should be reported                     NO
        in the Digest?

SURESH KAIT, J. (Oral)

1. Learned counsel for the respondent/applicant submits

that vide the instant petition, the applicant-Lipika Chatterjee

initially prayed to institute inquiry against the non-applicant

- Sujoy Chatterjee under Section 340 Criminal Procedure

Code for the commission of offences punishable under

Section 191, 193, 199 and 200 Indian Penal Code and make

a complaint for the prosecution of non-applicant upon

conclusion of such inquiry.

2. Thereafter, vide order dated 26.10.2010, while

dismissing the appeal preferred by the non-applicant, both

the parties were directed to remain present in the Court.

3. Vide order dated 05.04.2011, both the parties were

directed to appear before the Mediation and Conciliation

Centre, Delhi High Court, New Delhi. Both the parties

entered into amicable settlement before the Mediation and

Conciliation Centre, Delhi High Court, New Delhi on

25.05.2011, which is as under:-

"6.The following settlement has been arrived at between the Parties hereto:

a) The respondent has agreed to pay the balance of Rs.7,50,000/- from the sale of the property part owned by the petitioner which was sold earlier. The respondent has today i.e. 25.05.2011 paid to the petitioner a sum of Rs.5,00,000/- in cash and the balance Rs.2,50,000/- by cheque No.109696 dated 25.05.2011 payable at Anadhra Bank, New Delhi in full and settlement of above.

b) In lieu of the claim by the petitioner for return of her jewellery which the respondent has stated was stolen, the respondent agrees to pay a sum of

Rs.15,50,000/- through post dated cheques as follows:-

S.   Cheque   Date         Amount     Drawn on
No. No.                    (In Rs.)

1 111363 10.06.2011 1,50,000/- Andhra Bank.

2 037672 02.07.2011 2,00,000/- Andhra Bank. 3 037673 07.08.2011 2,00,000/- Andhra Bank. 4 037674 07.09.2011 2,00,000/- Andhra Bank. 5 037675 07.10.2011 2,00,000/- Andhra Bank. 6 001275 07.11.2011 2,00,000/- Andhra Bank. 7 001274 07.12.2011 4,00,000/- Andhra Bank.

c) In view of the above settlement, both parties who have been living separately since 2004 mutually agree willingly and in sound mind to annual their marriage by mutual consent.

d) It is also agreed between the parties that on the full and final realisation of the post dated cheques given by the respondent to the petitioner by December 2011, the petitioner agrees to withdraw the perjury case bearing No.3582/2010 against the respondent pending in Delhi High Court."

4. Ms.Lipika Chatterjee - applicant is present with her

counsel and submits that she has amicably settled all the

issued against non-applicant - Sujoy Chatterjee. She further

submits that she has received all the above post dated

cheques, therefore, he does not wish to pursue further her

present petition.

5. Keeping the settlement dated 25.05.2011, before the

Mediation and Conciliation Centre, Delhi High Court instant

petition is allowed to be withdrawn as settled.

6. Non-applicant Sujoy Chatterjee present in person in the

Court and submits that he is running a business of 'car-

rental' and he is earning substantially, therefore, he wishes

to donate some amount for the under-privileged children /

poor women.

7. I appreciate his gesture & accordingly, direct him to

deposit a sum of `1.00 lac in favour of "Ashiana" 'Orphan

Age Home for Boys-II', Alipur, Delhi within two weeks from

today and proof thereof shall be placed on the record.

8. Further directed to initially keep this amount in FDR for

a period of three years. The interest accrued thereon shall

be utilised for the well being of the needy children of the

school. The said FDR shall be got renewed periodically.

9. Accordingly, Criminal M.C.No.3582/2010 is disposed of

in above terms.

10. In view of above, Criminal M.A.No.851/2011 renders

infructuous and stands disposed of as such.

11. Dasti.

SURESH KAIT, J

October 24th 2011 Mk