CRL.M.C./2031/2017 of ANSHIKA MITTAL @ ANSHIKA GUPTA Vs THE STATE & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 2031/2017

ANSHIKA MITTAL @ ANSHIKA GUPTA

..... Petitioner

ThroughMr. Vivek Aggarwal, Adv

versus

THE STATE & ANR

..... Respondents

ThroughDr. M.P. Singh, APP for StateWSI Rakhi, PS Rani BaghMr. Sunil Chaudhary, Adv for R-2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAKO R R%05.10.2018

Petitioner and respondent no.2 were married on 12[th]February,2011, as per Hindu rites and ceremonies. Their relation becamestrained with the passage of time which led to filing of various civiland criminal litigations between them including the FIR No.355/2012under sections 506/323/341/34 IPC at police station Rani Bagh on thecomplaint of petitioner.

Respondent no.2 filed an application for grant of anticipatorybail. During the pendency of the said application, matter was settledbetween the petitioner and respondent no.2 before the Delhi HighCourt Mediation & Conciliation Centre on 7[th]November, 2014.Relevant terms of settlement read as under:-

a.It is jointly agreed between the parties that the FirstParty will pay total sum of Rs.60,00,000/- (Rupees

Sixty Lakhs only) towards settlement of all claims,disputes and differences to the Second Party.

b.ThatoutoftheabovementionedsumofRs.60,00,000/-(Rupees Sixty Lakhs only), the First PartyNishantGupta(husband)shallpayasomeofRs.10,00,000/- (Rupees Ten Lacs only) to Ms. AnshikaGupta (wife/complainant) by way of cash/demand Draftson or before 10.11.2014 which is the next date of hearingbefore the Hon’ble High Court of Delhi in the BailAppn.No.749/2014.Further on the said date, the partiesshall jointly request the Hon’ble High Court of Delhi torelease the of sum of Rs.10,00,000/- (Rupees Ten Lakhsonly) along with the interest thereon which is lyingdeposited with the Registrar General of Delhi High courtin terms of the order dated 19.05.2014 passed by Hon’bleHigh Court at Delhi in Bail Appn. No.749/2014 in favourof the Second Party.

c.It is agreed that both the parties shall make arequest to the Hon’ble Court to direct the concernedInvestigating Officer /SHO of Police Station Rani Bagh,to release the keys of one room situated in propertybearing No.C-3/24, Rajasthali Apartment, MadhuvanChowk, Pitampura, Delhi, to the First Party.

d.It is further agreed that the First Party, NishantGupta (husband) and the Second Party Ms.Anshika Gupta(wife/complainant) shall file joint petition for divorceby mutual consent under Section 13 (1) of the Hindumarriage Act within four weeks from today.The FirstParty shall pay sum of Rs.15,00,000/- (Rupees FifteenLacs only) to the Second Party at the time of recording ofthe statement before the Hon’ble Court at the time of thefirst motion.

e. It is further agreed that both the parties i.e Nishantgupta(husband)andMs.AnshikaGupta(wife/complainant) shall jointly file the second motionwithin the stipulated time. The First Party shall pay to theSecond Party sum of Rs.15,00,000/- (Rs. Fiftenn Lakhsonly) by way of Demand Draft at the time of recording of

the statement of the parties before the Hon’ble Court atthe time of the second motion.

f.It is further agreed that the petition for quashing ofthe FIR No.355/2012 shall be filed before the Hon’bleHigh Court of Delhi at the earliest after grant of divorceby mutual consent.

g.That upon the quashing of the FIR No.355/2012,theFirstPartyshallpaytheremainingsumofRs.10,00,000/- (Rupees Ten lacs only) to the SecondParty.

10.All payments shall be made by the First Party tothe Second Party by way of Demand Draft/ Pay Orderdrawn on scheduled Bank and payable at Delhi/NewDelhi.

11.Both parties hereby undertake that they will notinterfere in each others’ professional and personal liveseither directly or indirectly.

12.It is further agreed that after the receipt of the sumof Rs.60,00,000/- (Rs. Sixty Lakhs only) as mentioned inthe above paragraphs, towards full and final settlement ofpast and present disputes between the parties, nothinghereinafter shall be claimed by the parties against eachother and all disputes, allegations and claims between theparties will stand withdrawn. It is hereby made clear andagreed that the Second Party has settled all the claimspertaining to stridhan, maintenance, property etc by wayof this agreement as against the First Party.

In view of the above settlement, anticipatory bail was grantedto respondent no.2 vide order dated 10[th]November, 2014.

It is not in dispute that Clauses ‘C to E’ have been compliedwith in as much as marriage of petitioner and respondent no.2 hasalready been dissolved. In terms of settlement, `50 lacs has to be paidby the respondent no.2, in phases.

Grievance of the petitioner is that respondent no.2 is avoiding

to pay `10 lacs which was to be paid at the time of quashing of theFIR. Learned counsel for the petitioner submits that petition forquashing of the FIR was duly signed by the petitioner and handedover to respondent no.2 for filing the same.However, respondentno.2 did not file the same as he does not want to pay `10 lacs.Learned counsel for the respondent no.2 disputes this fact. Accordingto him petitioner did not give signed petition to him.

Be that as it may, specific query was put to the learnedcounsel for respondent no.2 as to whether respondent no.2 is willingto deposit `10 lacs with the Registrar General of this Court within aweek in view of the fact that learned counsel for the petitioner hasassured that he would give the petition for quashing of FIR dulysigned by the attorney of the petitioner, within one week.

Learned counsel for the respondent no.2 submits that `10 lacswould not be deposited within one week and respondent no.2 may paythis amount in six months.

The above statement of learned counsel for the respondent no.2supports the contention of the petitioner that the respondent no.2 hasno inclination to pay `10 lacs to petitioner, more so when marriagehas already been dissolved.

Keeping in mind the conduct of respondent no.2, anticipatorybail which was granted to him in view of the mediation settlement, iscancelled.

Petition is disposed of in above terms. Dasti.

A.K. PATHAK, J

OCTOBER 05, 2018/sm