Free Judgments

Yogesh Kumar Vats & Ors vs The State & Anr on 19 February, 2016

CRL.M.C. No.694/2016
1. By way of this petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners seek quashing of FIR No.813/2007
registered at Police Station Kalkaji, New Delhi, for the offences punishable
under Sections 406/498A/34 IPC and the consequential proceedings
emanating therefrom against them.

Crl.M.C.No.694 /2016 Page 1 of 8
2. Learned counsel appearing on behalf of the petitioners submits that
the aforesaid case was registered on the complaint of respondent No.2,
namely, Ms.Rekha Sharma, consequent upon certain 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 prosecution evidence. Meanwhile, the respondent No.2 and the
petitioner No.1 have amicably settled their disputes vide settlement
agreement dated 29.04.2015, for a total sum of Rs.70,00,000/- (Seventy
Lakhs). As agreed, two installments of Rs.20,00,000/- (Twenty Lakhs) and
Rs.30,00,000/- (Thirty Lakhs) were paid at the time of recording of first
motion petition and second motion petition for divorce by mutual consent
and the balance amount of Rs.20,00,000/- (Twenty Lakhs) is paid today by
way of two pay orders of Rs.11,00,000/- ( Eleven Lakhs) and Rs.9,00,000/-
(Nine Lakhs) bearing Nos.190528 and 481701, both dated 16.02.2016,
drawn on The Hongkong and Shanghai Banking Corporation Limited and
Bank of Baroda respectively in the Court, which facts have not been
disputed by the respondent No.2.

Source: Indian Kanoon