JUDGEMENT
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(1.) The parties have been litigating in one forum or the other since the year 2005 and as of today twelve cases of various types are pending, some filed by the appellant and the others by the respondent-husband. The disputes have finally been settled between the parties and a compromise deed has been put on record on page 164 of the paper book. Under this compromise the respondent- husband has agreed to pay a sum of Rs. 2,25,000,00/- (rupees two crores and twenty five lakhs) to the appellant as full and final settlement of all disputes with the clear understanding that all litigations pending between them (civil and criminal) will terminate. Pursuant to the compromise the respondent-husband has paid a sum of rupees seventy five lakhs vide bank draft dated 29th August, 2011 and another sum of rupees seventy five lakhs has also been paid today in Court by a 'Pay Order' (No. 137954) of Standard Chartered Bank dated 30th August, 2011 whereas a post-dated cheque (No. 105860) dated 11th September, 2011 has also been handed over to the appellant in Court today.
(2.) The appellant states that she is satisfied with the payments she has received and she does not wish to pursue the matter any further. The parties have also filed an application under Section 13-B of the Hindu Marriage Act seeking a dissolution of the marriage. In this application details of the various litigations pending between the parties have been set out in paragraph 12. These are reproduced below :
"12. That there have been the following proceedings with regard to the marriage between the parties prior to the filing of this petition.
(a) A criminal complaint under Section 190/200 Cr.P.C. filed by the Respondent for taking cognizance in respect of offences under Section 323/355/506/34 IPC filed on 2/6/2006 bearing Crl. Case No. 938/1/06 pending disposal before the Ld. Metropolitan Magistrate, Patiala House, New Delhi.
(b) A petition under Section 482 Cr. P.C. being Crl. M.C./No. 1220/2008 pending before the High Court of New Delhi emanating from Crl. Case No. 938/1/06.
(c) A criminal complaint under Section 190/200 Cr.P.C. filed by the Respondent for taking cognizance in respect of offences under Section 323/355/506/34 IPC bearing Crl. Case No. 12739/1/07 pending disposal before the Ld. Metropolitan Magistrate, Patiala House, New Delhi fixed for 14/11/2011.
(d) A petition under Section 482 Cr.P.C. being Crl.M.C. No. 3019/2008 pending before the High Court of New Delhi emanating from Crl. Case No. 12739/1/07.
(e) A case under Section 279/337/323 IPC bearing FIR No. 174/2007 lodged with Police Station Tilak Marg, New Delhi on the complaint of the petitioner fixed for 14/11/2011.
(f) An execution case titled as Ms. Priyanka Khanna v. Mr. Amit Khanna & Ors. under the provisions of the Protection of Women from Domestic Violence Act, 2005 pending disposal before the Ms. Shivali Sharma, Ld. Metropolitan Magistrate, Tis Hazari, Delhi fixed for 1/12/2011.
(g) Petition under Section 13 (1) (ia & ib) filed by the Respondent being HMA Petition No. 705/2007 titled as Mr. Amit Khanna v. Ms. Priyanka Khanna pending before the Court of Shri Dilbagh Singh Punia, Ld. Additional District Judge, Family Court, Rohini, Delhi fixed for 16/9/2011.
(h) A civil suit for injunction titled as Ms. Akanksha Khanna v. Ms. Priyanka Khanna pending before the Court of Shri Sanjay Sharma, Judge Small Causes cum Sr. Civil Judge Tis Hazari, Delhi bearing CS No. 318/07 fixed for 7/10/2011.
(i) A case under Sections 406/498A IPC bearing FIR No. 786/2006 lodged with Police Station Punjabi Bagh, New Delhi on the complaint of the petitioner fixed for 4/11/2011.
(j) Three Revision Petitions pending before the court of Mr. Manu Rai Sethi, Ld. Additional Sessions Judge, Tis Hazari Delhi titled as Mr. V.K. Khanna v. State; Mr. Amit Khanna v. State and Ms. Pinki Khanna v. State now listed for 1/10/2011."
(3.) We also see from paragraph 12(g) that reference has been made to a petition for divorce filed by the respondent husband against the appellant which is now fixed for hearing on the 16th September, 2011. In terms of the consent memo filed between the parties all the litigations between them have to be terminated. A prayer has accordingly been made that as the respondent husband has made the entire payment to the Appellant, the entire dispute should be settled here and now. We accordingly put it up to the parties (who are present in-person) as to whether we should terminate the disputes between them by passing appropriate orders.;
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