SAVITA VASHIST Vs. STATE & ORS

JUDGEMENT

(1.) CRL.A. 1034/2012

(2.) Crl. A. No. 1034/2012 is arising out of FIR No. 393/2007, which was registered on 09.06.2007 by Police Station Ashok Vihar under Sections 308/341/34 IPC at the instance of Smt. Savita Vashist, i.e. the appellant herein. In that FIR, respondent Nos. 2 to 6 shown in the Memo of Parties of Crl.A. 1034/2012 were shown as the accused persons. After trial, the said respondents came to be acquitted by the trial court on 12.07.2012. Aggrieved of the same, the complainant Savita Vashist instituted the instant appeal.

(3.) At the same time, Crl.M.C. No. 4027/2011 had been instituted by the petitioner, Savita Vashist, Mr. Anand Swaroop Vashist and Smt. Kanta Devi, impugning an FIR No. 162/2011 registered at Police Station Bharat Nagar on 04.08.2011 under Sections 341/380/454/34/120B IPC at the instance of her husband, Shri Tarun Dutt Parashar. This FIR is stated to have been registered at the instance of the orders passed by the learned Metropolitan Magistrate under Section 156(3) Cr.P.C. on 29.07.2011. At the same time, a Civil Suit bearing No. 154/2007 was also instituted by Smt. Suman Sharma, against Smt. Savita Vashist, before the Court of the District Judge, Delhi at Tis Hazari Courts seeking possession and damages along with mesne profits. It is stated by counsel on both sides that ultimately, on 19.02.2014, an overall settlement was arrived at between the parties with regard to all the aforesaid proceedings. The terms and conditions of the settlement was recorded on oath by the concerned Additional District Judge in the aforesaid Civil Suit No. 131/2009. By the said statement, Smt. Suman Sharma, wife of late Shri G.D. Sharma, Smt. Savita Vashist, wife of Shri Tarun Dutt Parasher, as well as Shri Tarun Dutt Parasher, son of Late Shri G.D. Sharma, proved the terms of the said compromise which were set down in a joint application under Order XXIII Rule 3 read with Section 151 CPC and which was exhibited as PW-1/1 has been handed over by counsel at the Bar. The entire set is taken on record.