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Punjab-Haryana High Court

Narender Sachdeva And Anr vs State Of Haryana And Anr on 30 October, 2015

Author: Rajan Gupta

Bench: Rajan Gupta

                 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

                                                                CRM-M-28873-2015 (O & M)
                                                                Date of decision:30.10.2015

           Narender Sachdeva and anr.                                             ...Petitioner(s)

                                Versus

           State of Haryana and anr.
                                                                                ...Respondents

           CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA

           Present: Mr. APS Mann, Advocate,
                    for the petitioner(s).

                                Dr. Sushil Gautam, DAG, Haryana.

                                Mr. Rajesh Bansal, Advocate,
                                for respondent No.2.

                                ***

Rajan Gupta, J. (oral) It appears that during the pendency of this petition parties were able to settle the matter before the Mediation & Conciliation Centre. Para 2(vii) of the agreement reads as under:-

"That upon dissolution of the marriage between Narender Sachdeva of the Ist party and Meenakshi Sachdeva of the 2nd party, Narender Sachdeva of the Ist party and the 2nd party shall appear in person with their respective counsels before the Hon'ble High Court in CRM-M-28873-2012 on the date so fixed, where the Ist party shall hand over to Meenakshi Sachdeva of the 2nd party, a sum of Rs.8, 10,326/- by way of cash/draft and Rs.5 lacs by way of 2 fixed deposisits of Rs.2.5 lacs each in the name of Sarthak Sachdeva and Saransh Sachdeva ss/o Narender Sachdeva M.U.G. Of Meenakshi Sachdeva d/o late Rajender Nath Kumar (maturable at the time of their attaining majority respectively). Further the birth certificates SUKHPREET KAUR 2015.10.31 14:12 I attest to the accuracy and authenticity of this document Chandigarh CRM-M-28873-2015 (O & M) ::2::
of Saransh and Sarthak Sachdeva will also be handed over by Narender Sachdeva of the Ist party to Meenakshi Sachdeva of the 2nd party being the guardian of said Saransh and Sarthak Sachdeva. Upon such payment and such handing over, Meenakshi Sachdeva of the 2nd party shall make a unequivocal and unqualified statement to the Hon'ble High Court stating that she does not want to pursue the Criminal Complaint No.43 of 2012 against Narender Sachdeva and his mother Asha Sachdeva u/ss 406, 498A, 323, 506, 34 IPC pending before the ld. JMIC Panipat and wishes the same to be quashed in CRM-M-28873-2012, in terms of the present compromise."

According to counsel for the complainant, aforesaid condition has been complied with today in court. A short affidavit of the complainant who is present in court has been filed and is taken on record as Mark 'A'.

As the parties have settled the dispute, no useful purpose would be served by continuing the proceedings any further. Resultantly, the present petition is allowed. The complaint bearing No.43 of 2012 dated 04.01.2012 registered under Sections 498-A/323/406/506 and 34 IPC and consequent proceedings arising therefrom are hereby quashed in view of judgment in 'Kulwinder Singh and others vs. State of Punjab, 2007(3) RCR (Crl.) 1052,'.

(RAJAN GUPTA) 30.10.2015 JUDGE sukhpreet SUKHPREET KAUR 2015.10.31 14:12 I attest to the accuracy and authenticity of this document Chandigarh