Delhi High Court - Orders
Unknown vs The State Govt Of Nct Delhi & Anr on 27 May, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1824/2022
SUMAN LATA ..... Petitione r
Through: Mr.Saket Gogia, Advocate with
petitioner in person through Video
Conferencing.
versus
THE STATE GOVT OF NCT DELHI & ANR. ..... Respondents
Through: Mr.Izhar Ahmad, APP for State with
WSI Gurdeep Kaur
Respondent No.2 in person
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 27.05.2022 Crl.M.A. No. 7711/2022 Exemption allowed, subject to just exceptions.
Crl.M.C. No. 1824/2022The petitioner vide the present petition seeks the quashing of the FIR No. 202/2015 Police Station Civil Lines registered under Sections 498A/406/34 of the Indian Penal Code, 1860 in view of a Memorandum of Understanding dated 10.3.2022 between the parties to the petition as per which it has been stated to the effect that:
"Whereas all parties are ready to arrive the settle all dispute and differences and first party namely Vidya and Vikas husband of the First Party are withdrawing the following cases which are pending before this Hon‟ble Court as well District Court as under:-
CRL.M.C. 1824/2022 page 1 of 3
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:27.05.2022
17:56:53
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
a) MAT Case No.395/2020 U/s. 125 Cr.P.C. pending
before the Principal Judge, Family Court, Shahdara District, Delhi.
b) Crl Revision Petition No.199/2021 against the order of charge filed by petitioner same is pending before the District and Session Judge, Tis Hazari Court, Delhi.
c) Complaint Case No.11409/2016 U/s. 12 Domestic Violence Act 2005 same is pending before the Chief Metropolitan Magistrate, Shahdara District, Delhi.
d) MAT APP (FC) No.161/2020 is pending before this Hon‟ble High Court, New Delhi.
e) Crl.M.C.No.5357/2018 titled Vikas & Ors. Vs State & Anr. is pending before the Hon‟ble High Court, New Delhi Whereas Second party shall pay Rs.2,00,000/- to First party towards the above noted settlement at the time of quashing the FIR and other cases.
Whereas, both parties are ready to separate from their sweet will and choice and all parties will not claim with each other in future after settlement of all matter."
On behalf of the State the learned APP for the State apprises that there has been no payment of any amount made to the respondent No.2. The learned counsel for the petitioner submits that the amount of Rs.2,00,000/- in MAT.APP.(F.C.) No. 161/2020 is lying before the Registry and places reliance on the proceedings dated 8.4.2022 in the said MAT.APP.(F.C.) No. 161/2020 as per which it has been directed that the sum of Rs.2,00,000/- in the form of DD deposited with this Court is allowed to be released to the appellant of that MAT.APP.(F.C.) Appeal No. 1616/2020, i.e. Smt. Vidya, apparently arrayed as respondent No.2 to the present petition after quashing CRL.M.C. 1824/2022 page 2 of 3 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.05.2022 17:56:53 This file is digitally signed by PS to HMJ ANU MALHOTRA.
of the FIR and the proceedings being withdrawn in terms of the said settlement.
In as much as the terms of the settlement that have been placed on record are not specific in relation to the amount of Rs.2,00,000/- being that amount which is deposited in relation to the MAT.APP.(F.C.) Appeal No. 161/2020 and in as much as the respondent No.2 is not assisted by any counsel, Mr.Hemant Singh, the Panel Advocate of the Delhi High Court Legal Services Committee (Criminal Side) is deputed as the legal aid counsel in the matter to assist the respondent No.2. An intimation to this effect be sent to the learned counsel as well to the Member Secretary of the Delhi High Court Legal Services Committee.
The matter is directed to be renotified for the date 5.8.2022.
ANU MALHOTRA, J
MAY 27, 2022/sv
CRL.M.C. 1824/2022 page 3 of 3
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:27.05.2022
17:56:53
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.