Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4545

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Atul Chawla – Appellant
Versus
Manisha Gangahar – Respondent
MAT.APP.(F.C.) 206 of 2022 & CM APPL. 54711 of 2022, CM APPL.54713 of 2022, CM APPL.1381 of 2023, CM APPL.1492 of 2023
Decided On : 18-05-2023

Advocates appeared:
Mr. Anand with Mr.Rajeshwari Niruratirao Reddy, Advocates with appellant in person.
Ms. Shreya Singal and Mr. Sarthak Bhardwaj, Advocates with Respondent in person.

The legal principle established is the acceptance of undertakings by parties to settle disputes and not file any future claims or petitions against each other.

Headnote:
Divorce - Settlement - Withdrawal of Appeal and FIR - Undertakings by Parties
Fact of the Case:

The appellant seeks to withdraw the appeal and acknowledges the decree of divorce granted by the Court. The respondent agrees to withdraw the FIR and the petition seeking divorce.
Finding of the Court:

The Court accepts the undertakings given by both parties and dismisses the appeal as withdrawn.
Issues: Withdrawal of appeal, withdrawal of FIR, settlement of disputes between parties
Ratio Decidendi: The Court's decision is influenced by the undertakings given by both parties, where they agree to settle all disputes and not file any claims or petitions against each other in the future.
Final Decision: The appeal is dismissed as withdrawn.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Appellant, who is present in person and also represented through counsel seeks leave to withdraw the present appeal.

2. Parties are present in person. We have interacted with the parties. Parties have produced the following Identity proof:

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3. Appellant submits that he accepts and acknowledges the decree of divorce granted by the Court on 24.09.2022 and henceforth does not wish to impugn the same. He undertakes that he shall not challenge or impugn the decree of divorce dated 24.09.2022 under any circumstances in future.

4. The undertaking is accepted.

5. In view of the above undertaking given by the appellant, the respondent, who is present in person, submits that she shall withdraw, compound and give `no objection' to the quashing of the FIR No.209/2019 under Sections 498A/406 IPC, Police Station C.R. Park.

6. Respondent submits that in view of the fact that the appellant had impugned the order, she has also filed a petition seeking divorce and she undertakes to withdraw the said petition.

7. Both the parties undertake that they have no claim against each other of any nature inter alia maintenance/alimony past, present or future, dowry, streedhan. Both the parties agree that all their inter se disputes of every nature are fully and finally settled and they shall not file any claim or petition against each other in future.

8. The undertakings are accepted. Parties are bound down to the undertakings given to Court.

9. In view of the above, the appeal is dismissed as withdrawn.

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