Free Judgments

Shri Suresh Kumar Malik And Ors. vs State (Nct Of Delhi) And Anr. on 18 December, 2015

1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners seek quashing of FIR No.42/2009
registered at Police Station Khyala, Delhi, for the offences punishable
under Sections 498A/406/34 IPC and the consequential proceedings
emanating therefrom against them.
2. Learned counsel appearing on behalf of the petitioners submit that
the aforesaid case was registered on the complaint of respondent No.2,
namely, Smt. Nidhi Malik @ Satnam Kaur, consequent upon certain

Crl.M.C. No.5129 /2015 Page 1 of 8
matrimonial and domestic disputes having arisen between the parties.
After investigation, police has filed the chargesheet, charges have been
framed and the case is pending for evidence. Meanwhile, the respondent
No.2 and the petitioner No.1 have amicably settled their disputes before
the learned Trial Court on 23.09.2015, for a total sum of Rs.6,00,000/-
(Six Lacs). As per the said settlement, a sum of Rs.1,00,000/- (One Lac)
was paid at the time of withdrawal of petition under Section PWDV Act
on 05.10.2015, a sum of Rs.2,00,000/- (Two Lacs) was paid on
31.10.2015, i.e., at the time of recording first motion petition and a sum of
Rs.1,50,000/- is paid today in Court to the respondent No.2 by way of
Bankers Cheque bearing No.434996 dated 21.11.2015, drawn on State
Bank of India, R.K. Puram, New Delhi. It is agreed between the parties
that the balance amount of Rs.1,50,000/- (One Lac Fifty Thousand) is to
be paid at the time of recording second motion petition, which facts have
not been disputed by the respondent No.2.

Source: Indian Kanoon