Sameer Handa & Ors. vs State (Nct Of Delhi) & Anr on 4 December, 2015

Crl.M.A.17689/2015 (for exemption)
Exemptions allowed, subject to all just exceptions.
Accordingly, the application is allowed.
CRL.M.C. No. 4933/2015

1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners seek quashing of FIR
No.59/2013 registered at Police Station K N Katju Marg, Delhi, for

Crl. M.C. 4933/2015 Page 1 of 10
the offences punishable under Sections 406/498A/34 IPC and the
consequential proceedings emanating therefrom against them.
2. Learned counsel appearing on behalf of the petitioners
submits that the aforesaid case was registered on the complaint of
respondent No.2, namely, Smt. Pooja Handa, consequent upon
certain matrimonial and domestic disputes having arisen between
the parties. The case is at the initial stage of investigation as charge
sheet has not been filed as yet. Meanwhile, the respondent No.2 and
the petitioner No.1 have amicably settled their disputes vide
Settlement Deed dated 16.9.2014 for a total sum of Rs.4,75,000/-.
As per the said settlement, the petitioners have agreed to pay an
amount of Rs. 1,50,000/-. Out of which Rs. 50,000/- was paid at the
time of first motion and Rs. 50,000/- was paid at the time of
withdrawal of petition in the Family Court. An amount of Rs. 1
lakh paid was paid at the time of 2nd motion for divorce and an
amount of Rs.1,25,000/- has paid today in Court by way of 2
Demand Drafts of Rs.50,000/- each vide DD No. 060394 dated
13.11.2015 and 060432 dated 2.12.2015 respectively drawn on
Punjab & Sind Bank, and Rs. 25,000/- in cash, in favour of
respondent no.2, which facts have not been disputed by the
respondent no.2.

Source: Indian Kanoon

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