ANMOL KATYAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 14.07.2016. The marriage ran into rough weather, the second respondent raised allegations of she having been subjected to cruelty and deprived of her stridhan, first information report (FIR) no.419/2017 having been registered on 27.07.2017 by police station Rajouri Garden on her complaint involving offences punishable under Sections 498-A/406/34 read with Section 377 of Indian Penal Code, 1860 (IPC), the case being directed against her husband (first petitioner), his parents (second and third petitioner), the allegation qua offence under Section 377 IPC having been directed against the first petitioner (husband). The investigation is stated to have been concluded and charge-sheet has been prepared, though the same has not yet been filed.

(2.) The parties, in the meanwhile, have entered into a settlement upon reference being made in the context of Bail Application no.3934/2017 to Delhi Mediation Centre, Tis Hazari Courts. A copy of the settlement agreement dated 27.10.2017 has been filed on record and it is on the strength of the said settlement that the present petition has been filed.

(3.) On notice, the second respondent has entered appearance with counsel and, in the wake of directions, she has submitted an affidavit sworn by her on 23.07.2019. Since the said affidavit was found to be not clear as to the terms of the settlement reached and the expectations therefrom, or the compliances made therewith, the matter was passed over so that the second respondent could file a fresh affidavit. The matter has been taken up in the post-lunch session. During the interregnum, the second respondent has sworn another affidavit which has been filed in the Registry and has been called for and placed on record.