DR. V.P. SHARMA Vs. STATE AND ANR.
LAWS(DLH)-2009-1-238
HIGH COURT OF DELHI
Decided on January 23,2009

Dr. V.P. Sharma Appellant
VERSUS
State And Anr. Respondents

JUDGEMENT

Aruna Suresh, J. - (1.)PETITIONER has filed this petition under Section 482 Criminal Procedure Code (hereinafter referred to as 'Cr.P.C.') seeking quashing of four criminal cases, which were registered against him by the respondent on the basis of a compromise dated 2.4.2003 having arrived at between the parties.
(2.)PARTIES to the petition Dr. V.P. Sharma and Dr. Poonam Khanna got married to each other on 18.01.1979. Out of their wedlock, one male child who is mentally impeded was born on 26.11.1981. Parties were having various disputes and differences, which resulted into filing of a petition for divorce by mutual consent on 6.5.2001. It was mutually agreed between the parties that Flat No. 1, DDA, Khirki Village and Shop No. N -15, Malviya Nagar would remain with Dr. Poonam Khanna for maintenance of their son and that property No. C - 18, Shivalik, would be sold off and the sale proceedings would be divided equally. Respondent No. 2, Dr. Poonam Khanna did not join the proceedings in the second motion petition under Section 13(B)(2) of the Hindu Marriage Act (hereinafter referred as the 'HM Act') and indulged into filing various cases against the petitioner. Respondent No. 2 lodged an FIR No. 49/2002 at Police Station Malviya Nagar under Sections 323/341/506 Indian Penal Code (hereinafter referred to as 'IPC'), another FIR No. 422/2002 under Sections 498A/406 IPC at Police Station Malviya Nagar and also a complaint case under Section 323/341/506 IPC. All these three cases are pending adjudication. Petitioner filed FIR No. 299/2002 under Sections 324/34 IPC on 8.4.2002 against respondent No. 2. On behest of the learned Metropolitan Magistrate all the disputes were settled and a settlement deed was executed inter se the parties on 3.6.2002. As per the settlement deed, Shop No. N -15, Malviya Nagar was to remain with respondent No. 2 for maintenance of the son and property No. C -18, Shivalik was to be sold out and the sale proceeds were to be divided in equal shares. Respondent No. 2 had already sold out Flat No. 1, DDA, Khirki Village prior to the settlement. However, respondent No. 2 backed out from the settlement though the Settlement Deed was got prepared and drafted as per her desire, and the terms and conditions of the settlement deed were not adhered to by the parties especially, respondent No. 2.
Petitioner filed a petition seeking custody of his son, Manu before the Guardian Judge, where, modified settlement deed was executed between the parties on 2.4.2003. This deed of settlement is still in force. Since respondent No. 2 allegedly did not comply with the terms and conditions of the settlement deed, this petition has been filed.

(3.)ON the date of the execution of deed of settlement i.e. 2.4.2003 following cases were pending trial inter se the parties:
a. FIR No. 49/2002, Police Station Malviya Nagar, under Section 323/341/506 IPC.

b. FIR No. 422/2002, under Sections 498A/406 IPC

c. Complaint Case under Sections 323/341/506 IPC

d. FIR No. 299/2002 under Section 324 IPC

e. Case for custody of child in Guardianship Court

f. Case under Section 125 Cr.P.C. for maintenance

g. Civil Suit No. 249/2002 and 250/2002 for property



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