The Delhi High Court in the case Kartikya Swami And Ors. v. State (the NCT Of Delhi) observed and has asked the man to make contributions towards the green cove of the national capital.
The court in the case quashed the FIR registered against him and his family members by his wife and the parties had reached a settlement after divorce by mutual consent. The bench headed by Justice Saurabh Banerjee in the case observed and has asked the husband to provide 500 ml of the Organic Fungicide for Plants to five police stations in Delhi within two weeks.
The court stated that this court applauds the goodwill gesture shown by the petitioner no.1 in playing his bit for spreading the green cover in the city of Delhi.
However, the court in the case observed and has quashed the FIR registered under Section 498A, the cruelty to wife by husband or his relative, Section 406, the criminal breach of trust and Section 34, the common intention of the Indian Penal Code, 1860. In the present case, the husband seeks to quash the FIR on the ground that both the parties arrived at a settlement in October last year. Thus, the complainant informed the court that she and the husband were granted divorce by mutual consent in May.
Further, it has also been affirmed by the wife that as per settlement, the husband agreed to pay Rs.18 lakhs to her out of which Rs. 10 lakhs were already paid and the remaining amount was handed over to her in the month of July. She in the case submitted that she had no objection to the quashing of the FIR.
The court while considering the facts and circumstances of the case stated that the settlement has been arrived at between the parties, and as the respondent no.2 does not wish to continue with the criminal proceedings, in order to bring a quietus to the present disputes.
The counsel, Advocate Mahesh Kumar Sharma, Advocate Kapil Kaushik, Advocate Sapna Sharma and Advocate Atma Ram Sharma appeared for the petitioners.
The counsel, ASC Anand Khatri appeared for the State.
The counsel, Advocate Anand Parashar and Advocate Ritu Mishra represented the complainant.