KAMAL KAKKAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Reply filed on behalf of respondent No.2, is taken on record. Application disposed of. Crl. Misc. No.M-23803 of 2011 Petitioner No.1 married respondent No.2 on 4.2.1999 and both were blessed with a son on 15.11.1999. Unfortunately, husband and wife could not maintain cordial relation and finally separated from each other on 4.10.2003. As usually happens in such like cases, litigation criminal as well as civil followed. Father of respondent No.2 lodged FIR No.269, dated 22.10.2003, against theCrl. Misc. No.M-23803 of 2011(O&M) -2- petitioners under Sections 498-A & 406 IPC at Police Station Sector 31, Fardiabad. The said FIR was investigated and report under Section 173 Cr.P.C. was filed. The petitioners were chargesheeted on 31.8.2006. There were earlier litigations too between the parties i.e. a petition under Section 9 of Hindu Marriage Act and so also a complaint under Section 125 Cr.P.C. Subsequently, husbandpetitioner No.1 filed a divorce petition under Section 13 of Hindu Marriage Act. The parties had also approached the Court of Guardians, perhaps for the custody of the child.

(2.) With the passage of time, the tempers too has cooled down. Some respectables also intervened. Parties would have got tired for being in various courts in different proceedings. Parties appear to have seen the futility of litigation. They both have entered into a compromise. The compromise is recorded in the form of deed of settlement. The parties have agreed to withdraw all the litigations filed against each other for settling the dispute amicably.

(3.) Petitioner No.1 had agreed to pay a lump sum amount of '10.00 lacs as a final settlement. The parties also agreed to file a divorce petition on mutual consent basis under Section 13-B of the Hindu Marriage Act on the basis of deed of settlement. As averred in the petition, the said divorce petition is allowed and the parties have been divorced on the basis of mutual consent. The statement of the parties were recorded in the divorce petition on 15.12.2010. The copies of the statements have also been placed on record as Annexures P-4 & P-5 respectively.