Suresh Kumar Kait, J. - (1.) The present petition has been preferred under sections 397 and 401 read with section 482 Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") against the order on charge dated 14.02.2017 and the framing of charge dated 22.02.2017 passed by learned ASJ (FTC), Patiala House Courts, New Delhi, in SC No.9416/2016, whereby respondent no.3 has been discharged of the offence of cheating under section 420 of Indian Penal Code (hereinafter referred to as 'IPC') in spite of their being glaring prima facie evidence to charge him for the offence of cheating revisionist.
(2.) The brief facts of the case are that on 21.11.1992, marriage between petitioner and respondent no.3 was solemnized at Ashok Vihar, New Delhi. They were blessed with a son on 31.07.1995 and thereafter blessed with daughter on 22.12.1998.
(3.) As stated in the present petition that marriage between the petitioner and respondent no.3 was rocky and there was extreme discord and disharmony, due to which petitioner and respondent no.3 decided to dissolve their marriage. Consequently, an Agreement dated 13.02.2012 was executed between them whereby petitioner was promised, induced, allured and enticed by respondent no.3, to believe that respondent no.3 would be paying her a sum of Rs.9,00,00,000/- (Rupees Nine Crores Only), over and above what she would receive in Divorce Proceedings. Subsequently, on the same date i.e. on 13.02.2012, a Petition under section 13-B(1) of the Hindu Marriage Act, 1955, between the petitioner & respondent no.3, was signed, their Affidavits attested and the same was filed before the Filing Section and allowed vide order dated 15.02.2012 whereby it has been observed by the learned Principal Judge, Family court, Saket (South), New Delhi as under: "It has been mutually agreed between petitioners that petitioner No. 2 shall pay a total amount of Rs.1 crore to petitioner No. 1 towards the full and final settlement qua her past, present and future maintenance, entire stridhan and permanent alimony, out of which, a sum of Rs. 5,00,000/- vide Demand Draft bearing No. 986073, dated 29.01.2012, in favour of petitioner No. 1 in the Court. The balance amount of Rs. 95,00,000/- has been agreed to be paid by petitioner No. 2 to petitioner No. 1 at the time of passing of order/decree.";