Delhi High Court
Kapil Munjal & Ors vs State & Anr. on 11 January, 2012
Author: Suresh Kait
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.3218/2011
% Judgment delivered on:11th January, 2012
KAPIL MUNJAL & ORS ..... Petitioners
Through: Petitioner Nos.1 & 2 in person.
versus
STATE & ANR. ..... Respondents
Through: Mr.Naveen Sharma, APP for State
with SI Sanjay Kumar, police station Dwarka
Sector-23, New Delhi in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. On 26.09.2011, following order was passed by this Court:-
"1. Learned counsel for petitioners submits that
respondent No.2 has settled all the issues qua FIR
No.133/2010 dated 24.04.2010 registered under
Section 498A/406/506 Indian Penal Code, 1860 at
police station Sector - 23, Dwarka, New Delhi
against the petitioners.
2. Both the parties have arrived at a settlement
dated 05.02.2011 before the Mediation Centre, Tis
Hazari Courts, Delhi.
3. As per the settlement, petitioner No.1 has
agreed to pay a sum of `3.50lacs as total lump-
sum amount to the respondent No.2, towards
istridhan, maintenance, (present, past and
future)/dowry articles, permanent alimony etc. It is
further agreed between the parties that petitioner
No.1 will pay first installment of `1.75lacs by way
of pay order to respondent No.2. It was further
agreed that petitioner No.1 will pay second
installment of `1.75lacs at the time of second
motion for divorce by mutual consent under
Section 13 (b) 2 of HM Act.
4. Learned counsel for petitioners submits that
first motion has already been granted on
28.03.2011 and second motion is going to mature
by the end of this month.
5. Learned counsel for petitioner further
submits that since the settlement has taken place
before the Mediation Centre, Tis Hazari Courts,
Delhi, therefore, the said settlement has binding
effect on both the parties.
6. Notice issued."
2. Thereafter, pursuant to notice appearance entered on behalf of
respondent No.2 on 08.11.2011 and Court passed the order as under:-
"1. In the present matter, first motion of divorce
by mutual consent has already been granted vide
order dated 28.03.2011 and an amount of `1.75
lacs had been paid to respondent No.2. The
statutory period of minimum six months for moving
the second motion petition has already been
passed for dissolution of marriage.
2. Learned counsel for the petitioner submits
that respondent No.2 is not coming forward for
second motion petition, despite the fact that she
has already received amount of `1.75 lacs.
3. Learned counsel for the respondent No.2, on
instructions submits that his client is ready to go
for second motion petition, however, till date, the
copy of final draft has not been provided to her for
signature."
3. On 08.11.2011, the date was fixed in the presence of both
parties, however, none appeared on behalf of respondent No.2.
4. Petitioner Nos.1 and 2 both are present. They have produced the
copy of the divorce decree dated 06.01.2012 whereby the marriage
between the petitioner No.1 and respondent No.2 has been dissolved.
5. I note that the Principal Judge, Family Courts, Dwarka has
observed in the order dated 06.01.2012 that respondent No.2 received
`1.75lacs vide DD No.610565 dated 03.01.2012 drawn on Canara
Bank, Raja Garden, New Delhi. Therefore, the petitioner has paid total
agreed amount of `3.50lacs to the respondent No.2 towards all her
claim including permanent alimony and istridhan etc.
6. In addition, petitioners submit that the gold ornaments and coins
have also been returned to respondent No.2 and nothing is left.
7. The copy of the divorce decree and returning memo is taken on
the record.
8. In the circumstances, FIR No.133/2010 registered at police
station Sector - 23, Dwarka, New Delhi against the petitioners and the
proceedings emanating thereto are hereby quashed.
9. Accordingly, Criminal M.C.No.3218/2011 is allowed and stands
disposed of.
10. Dasti.
SURESH KAIT, J
JANUARY 11, 2012
Mk
