Kapil Munjal and Others vs State and Another

Suresh Kait, J.—On 26.09.2011, following order was passed by this Court:-

Learned counsel for petitioners submits that respondent No.2 has settled all the issues qua FIR No.133/2010 dated 24.04.2010 registered u/s 498A/406/506 Indian Penal Code, 1860 at police station Sector - 23, Dwarka, New Delhi against the petitioners.

Both the parties have arrived at a settlement dated 05.02.2011 before the Mediation Centre, Tis Hazari Courts, Delhi.

As per the settlement, petitioner No.1 has agreed to pay a sum of Rs. 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 Rs. 1.75lacs by way of pay order to respondent No.2. It was further agreed that petitioner No.1 will pay second installment of Rs. 1.75lacs at the time of second motion for divorce by mutual consent u/s 13 (b) 2 of HM Act.

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.

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.

Notice issued.

Thereafter, pursuant to notice appearance entered on behalf of respondent No.2 on 08.11.2011 and Court passed the order as under:-

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 Rs. 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.

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 Rs. 1.75 lacs.

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.

On 08.11.2011, the date was fixed in the presence of both parties, however, none appeared on behalf of respondent No.2.

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.

I note that the Principal Judge, Family Courts, Dwarka has observed in the order dated 06.01.2012 that respondent No.2 received Rs. 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 Rs. 3.50lacs to the respondent No.2 towards all her claim including permanent alimony and istridhan etc.

In addition, petitioners submit that the gold ornaments and coins have also been returned to respondent No.2 and nothing is left.

The copy of the divorce decree and returning memo is taken on the record.

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.

Accordingly, Criminal M.C.No.3218/2011 is allowed and stands disposed of.