CRL.M.C./1528/2011 of RAJESH CHANDER BHARDWAJ & ORS Vs STATE & ANR
Parties
- CRL.M.C./1528/2011 of RAJESH CHANDER BHARDWAJ & ORS (PETITIONER)
- STATE & ANR (RESPONDENT)
Cites (3)
Statutes cited (7)
- indian penal code, 34 (1860)
- constitution of india, article-14 (1950)
- constitution of india, article-14 (1950)
- constitution of india (1950)
- indian penal code (1860)
- constitution of india (1950)
- indian penal code (1860)
Full text
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% 11.05.2011
Present:Mr. R.S. Rana, Mr. Sama Singh and Mr. Aditya Bhardwaj,Advs.for the petitionersalongwithpetitionerno.1 inperson.Mr. U.L. Watwani, APP for the State.Mr. YogeshRathee,Adv. for respondentno. 2 along withrespondentno. 2 in person.Advs.for the petitionersalongwithpetitionerno.1 inperson.Mr. U.L. Watwani, APP for the State.Mr. YogeshRathee,Adv. for respondentno. 2 along withrespondentno. 2 in person.
Crl. M.A. No. 5570/2011
Allowed, subject to all just exceptions
Applicationstands disposed of.
+ Crl. M.C. No. 1528/2011
Respondentno. 2 is wife of petitionerno. 1. They were marriedsometime in the year 1999 as per Hindu rites and ceremonies.Due tomatrimonialdiscord husband and wife startedliving separatelysince2003.On the complaintof respondentno. 2, FIR in questionunderSections498-A/406/34IPG was registeredagainstpetitionerno.1and his relativesi.e. petitionernos. 2 to 6 at Police StationNarela.ApartfromthepresentFIR,matrimonialproceedingswerealsoinitiatedby respondentno. 2. Parties have since settled their disputesamicablybefore the Family Court on 21®^ Januaiy,2011.Terms ofsettlementhave been recordedin the order dated 21®^ January,2011passed by the Family Court.In terms of the settlement,parties havedecidedto part ways.First motion under Section13 (B) (1) of theHindu Marriage Act, 1955 has been acceptedby the Family Court on10th February,2011.A sum oflakhs has alreadybeen paid by
petitioner no. 1 to respondentno. 2, in terms of the settlement and ^3lakhs has been paid today in Court to respondentno. 2 by way ofDemandDraftphotocopywhereof,hasbeenplacedonrecord.Balance settled amount of ?3 lakhs shall be payable to respondentno.2 by petitionerno.1 at the time of secondmotion.Partiesshallremain bound by the terms of the settlement.Keepingin mind that husbandand wife have decidedto partways,in the larger interest,FIR No. 39/2004under Sections498-A/406/34IPC and consequentproceedingsemanatingtherefromarequashed.
Petition is disposed of in the above terms.
Crl. M.A. No. 5569/2011(Stay)
Disposed of as infructuous.
Dasti.
May 11, 2011ga
A.K. PATHAK, J.