VIDUR KAISTHA Vs. STATE & ANR

JUDGEMENT

(1.) Crl.M.A.No.16188/2015 (for exemption)

(2.) Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Smt.Shelly Kaistha, consequent upon certain matrimonial and domestic violence having arisen between the parties pursuant to her marriage with the petitioner. After the investigation, police has filed the charge sheet and matter is pending for consideration on charge. Meanwhile, the respondent No.2 and the petitioner have amicably settled their disputes before Counselling Cell, West District, Tis Hazari Courts, Delhi vide settlement/agreement dated 07.05.2014, for a total sum of Rs.25.00 Lac. As per the said settlement, two instalments of Rs.10.00 Lac each were paid at the time of recording first motion petition and second motion petition for divorce by mutual consent and the balance amount of Rs.5.00 Lac is paid today in the Court vide draft bearing No.054814 dated 02.11.2015 in the sum of Rs.5.00 Lac drawn on Axis Bank Ltd in favour of respondent No.2, which facts have not been disputed by her.

(3.) Learned counsel for the petitioner further submits that consequent to the said settlement, marriage between the petitioner and respondent No.2 has been dissolved vide decree of mutual divorce dated 18.05.2015 under Section 13 B (2) of the Hindu Marriage Act, 1955. Thus, respondent No.2 does not wish to pursue her case further against him.