High Court allowed withdrawal of CRL. Rev. Petition challenging family court order. Court granted leave after recording satisfaction of Rs 20 lakh settlement payment and undertaking to withdraw Section 125 CrPC petition.
Leave granted to withdraw the petition; the CRL. Rev. Petition dismissed as withdrawn.
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Through: Mr. Subhro Sanyal, Advocate.
RITA SHARMA ..... Respondent Through: Mr. Harshit Jain, Advocate (through VC). Respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 11.03.2024
Cr.P.C. seeks the following prayers:
“i. Quash and set aside the impugned order dated the order dated 18th November, 2019 passed by the Principal Judge Family Court (South) in M.No.50 of 2018 entitled as Rita Sharma versus Rajinder Krishan Sharma after examining the legality, validity, propriety and correctness of the impugned order;
ii. To Call for the records and proceedings of M.No.50 of 2018 Entitled as Rita Sharma Versus Rajinder Krishan Sharma pending before Principal Judge Family Court (South);
iii. To pass such other orders and directions as this Hon’ble court may deem fit and proper in view of the facts and circumstance of the present case;”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/03/2024 at 11:29:17
today and is taken on record). The terms of the said settlement agreement read as under:
“i. The First Party shall pay to Second Party an amount of Rs.20,00,000/-(Rupees Twenty Lakhs Only) in full and final settlement towards all the claims of the Second Party including maintenance, including arrears of maintenance, alimony, stridhan if any means of a banker's cheque.
ii. The said amount of Rs. 20,00,000/- shall be paid to the Second Party before the Hon'ble High Court of Delhi on 12.02.2024 when the present Settlement shall be placed before the Hon'ble Court of passing appropriate orders pursuant to the present settlement in the course of the Crl. Rev. Petition. On receipt of the sum of Rs. 20,00,000/- all the claims of the Second Party against the First Party towards maintenance, including arrear of maintenance, dowry articles, alimony, stridhan etc. shall stands fully satisfied.
iii. On the signing of the Settlement the parties shall file a petition for dissolution of marriage by a decree of divorce by mutual consent. Both the parties undertake to co-operate with each other and shall sign all documents, petitions(s), affidavits and any other undertaking(s) in order to see that their marriage may be dissolved by a decree of divorce by mutual consent. The proceedings for grant of divorce by mutual consent shall be filed within the statutory period provided under the Hindu Marriage Act. The parties agree that they shall file the petition for dissolution of marriage and the First Motion shall be filed within one month from the date of signing of the present Settlement Agreement. They also agree that the Second Motion Petition for dissolution of marriage shall be instituted within the statutory period or may file an application for waiver of six months period provided under the Hindu Marriage Act.
iv. The Second Party has filed a Petition under Section 125 CR.P.C. as stated above, in which the impugned Order challenged under the present petition has been filed. On receipt of the amount of Rs.20,00,000/-, as aforesaid, the Second Party undertakes to unconditionally withdraw her petition under Section 125 CR.P.C. within a period of one month from the date of receipt of the said amount and shall also make appropriate statement before this Hon'ble Court in the course of the Crl. Rev. Pet. pending before this Hon'ble Court for disposal of the said said Cri. Rev. petition in the light of the above undertaking.
v. The Parties represent that besides the petition filed by the Second
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/03/2024 at 11:29:17
Party for grant of maintenance u/s 125 Cr. P.C. there are no other legal proceedings pending between the parties.
vi. The parties agree that they shall not file any kind of Criminal proceedings, police complaint, suit or any proceedings before any court or any authority against each other at any time in future. Any complaint which may be pending shall be withdrawn by the complainant.
vii. The parties have understood that the violation of any breach of any of this settlement or withdrawing from prosecuting the petition for grant of divorce by mutual consent shall rendered them.
viii. By signing this agreement the parties hereto state that they have no further claim or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation.
ix. That both the parties agree that both parties shall not interfere in the life of each other and both, the First party and Second Party, shall be free to chart their own course of life.
x. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at the Settlement Agreement in the presence of the Mediator.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/03/2024 at 11:29:17
settlement agreement.
AMIT SHARMA, J
MARCH 11, 2024/bsr
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/03/2024 at 11:29:17
3 issues framed by the court
Whether CRL. Rev. Petition under Section 397 Cr.P.C. should be allowed to be withdrawn.
Whether leave to withdraw the petition regarding dispute between parties should be granted.
Whether parties are in compliance with settlement agreement reached in mediation.
2 provisions across 1 enactments
Rajendra Krishan Sharma
Rita Sharma
Amit Sharma
As recorded by the court registry
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