ASHISH GOEL Vs. SMT. GARIMA AGARWAL AND ANR.

JUDGEMENT

(1.) BY way of this Criminal Miscellaneous Application, the applicant Ashish Goel has prayed for quashing the order dated 26.8.2009, passed in Miscellaneous Application No. 42/2009 under Section 125(3) Code of Criminal Procedure, Smt. Garima Agarwal v. Ashish Goel, pending in the court of Family Court, Haridwar. By the said order dated 26.8.2009, warrant has been issued against the applicant, deeming service of notice upon him to be sufficient.

(2.) HAVING heard learned Counsel for the parties and on perusal of the papers available on record, it appears that Ashish Goel (husband) and Smt. Garima Agarwal (wife) along with her minor daughter Km. Gulika Agarwal entered into sundry litigations, few of them are still pending in different courts. In Case No. 87/2004, an interim maintenance @ Rs. 25,000/ - was awarded to Smt. Garima Agarwal and Km. Gulika Agarwal together. Against the said order of interim maintenance, a revision was preferred before this Court by Ashish Goel, and this Court reduced the amount of interim maintenance from Rs. 25,000/ - per month to Rs. 17,000/ - per month. The aforesaid Case No. 87/2004 was finally decided vide judgment and order dated 3.11.2007, whereby Ashish Goel was directed to pay the maintenance to Km. Gulika @ Rs. 15,000/ - per month, whereas the claim of maintenance of Smt. Garima Agarwal was not sustained and the same was rejected.

(3.) ACCORDING to the terms and conditions of the aforesaid settlement deed dated 7.11.2008, Ashish Goel, agreed to pay a sum of Rs. 7,50,000/ - to Smt. Garima Agarwal (wife) by a bank draft within six months from the date of the compromise in lieu of one time settlement of her claim of stridhan, alimony and all claims of her own maintenance. Thus, the said amount was payable to Smt. Garima Agarwal by 6th May, 2009. As per the another condition of this settlement deed, Ashish Goel agreed to prepare a Fixed Deposit Receipt of equal amount i.e. Rs. 7,50,000/ -, in the name of his minor daughter, Km. Gulika Agarwal, mentioning therein the name Smt. Garima Agarwal as guardian, which shall be payable to Km. Gulika Agarwal on her attaining the age of majority, and it was agreed between the parties that Km. Gulika will not be entitled to any maintenance from the date of this agreement. This Fixed Deposit Receipt was to be handed over to Smt. Garima Agarwal within a period of ninety days from the date of settlement deed i.e. by 6th February, 2009. It was also agreed between the parties that all litigations filed by them and pending in any court of law shall be withdrawn, and this Court directed that the dissolution of marriage of parties will take place as soon as the payment, as mentioned above, is made by Ashish Goel.