SANDHYA MUKHI Vs. ASHISH MUKHI

JUDGEMENT

(1.) In these proceedings, the petitioner wife (hereafter "the petitioner") has sought initiation of contempt action against the husband(hereafter referred to as the Respondent) on the ground that the latter willfully, and deliberately violated the order of court, and the undertaking made in his statements made before this court. The orders in respect of which contempt is alleged are dated 25.9.2002 and 15.1.2003 issued by this Court.

(2.) The facts essential to decide this petition are that the marriage between the parties was solemnized on 30.08.2001; no children were born out of the wedlock. The petitioner alleges that she was harassed for dowry and therefore, lodged a complaint on 29.5.2002 with the Crimes Against Women (CAW) cell, Kirtinagar, New Delhi. During the course of reconciliation process the Respondent allegedly beat the petitioner in CAW cell on 15.07.2002, which led to registration of FIR under Section 107 and 151, IPC against him, on the basis of the complaint dated 29.5.2002. Another FIR No.533/02 dated 18.09.2002 was registered with the Patel Nagar police station against the Respondent and his family members. The Respondent applied for anticipatory bail before the Addl. Sessions judge which was dismissed on account of non-recovery of dowry articles. Thereafter he approached this court for anticipatory bail and in due course an verbal oral settlement was arrived at between the parties which was informed to the court on 19.09.02. On the strength of the statement, the court extended an interim protection for one week and on 25.09.02 the settlement arrived at was informed to the court and recorded.

(3.) The Petitioner further alleges that as per the compromise/settlement arrived between the parties, the respondent was to comply with the terms of the agreement and it was only thereafter his bail application was to be considered. The terms of compromise were; 1. The Respondent was to pay a lump sum amount of Rs. 2,50,000/- to the Petitioner; 2. Both parties were to file a joint petition for divorce by mutual consent; [3. After all the other terms were satisfied the Petitioner would agree for quashing of FIR so to resolve all disputes the parties.