VIKAS SHARMA Vs. MONICA & ORS.

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Mr. Vikas Sharma for quashing of the Criminal Complaint Case No. 9/3/15 under Section 417 I.P.C. pending in the Court of Ms. Vijeta Singh Rawat, Ld. MM, (Mahila Court), Saket Courts, New Delhi and to release the amount of Rs. 2.5 crore in favour of respondent no.1 in terms of the order dated 03.03.2016 and 04.04.2016 of the Hon "?ble Supreme Court.

(2.) The factual matrix of the present case is that the respondent no.1 was married to the petitioner on 16.01.2004 according to Hindu rites and ceremonies. The respondent no.1 filed the complaint in question against the accused persons by alleging that the accused persons have deceived her and induced her to marry petitioner. The respondent no.1 was deserted by her husband just after five months of the marriage on the internet vide his email. It is also alleged that the accused persons have not only used, abused, tortured, insulted, deserted and defamed the complainant. However, the respondent no.1 moved an application for settlement and thereafter, the concerned parties were able to finalise the terms of settlement.

(3.) Respondent No.1 present in the Court submitted that the dispute between the parties has been amicably resolved. As per the order dated 13.01.2016, respondent no.1 shall receive a total sum of Rs. 2.5 crore towards full and final settlement of all her claims for maintenance etc. and in full and final of all her disputes pending in several Courts. The said amount shall be deposited with the Registrar Supreme Court of India within 60 days from the date of the said order. Within a week of the deposit of the said amount, the respondent no.1 agreed to withdraw the execution petition filed for recovery of her maintenance arrears and petitioner agreed to withdraw his petition under Section 13 (1)(ia) HMA. It is also agreed that within a week of the withdrawal of the said petitions, the respondent no.1 and petitioner shall file a joint petition for divorce by mutual consent. It is further agreed that within a week of the divorce being granted, the parties shall approach the Supreme Court for quashing both the criminal complaints filed by respondent no.1 and all the consequential proceedings. It is also agreed that at no time, respondent no.1 shall insist on the physical presence of petitioner before any Court. It is also agreed that the settlement amount shall be paid by Mr. Naresh Tolani and if the settlement fails for any reason attributable to respondent no.1, then the settlement amount shall be refunded to Naresh Tolani and if the settlement fails due to petitioner, then the settlement amount shall be forfeited. Respondent no. 1 affirmed the contents of the aforesaid settlement. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioner survives and so, the proceedings arising out of the criminal complaint case in question be brought to an end. Statement of the respondent no.1 has been recorded in this regard in which she stated that she has entered into a compromise with the petitioner and has settled all the disputes with him. She further stated that she has no objection if the criminal complaint case in question is quashed.