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Devendra Kumar Sharma Vs. Bhavna Sharma


1.     Leave granted.

2.     We have heard the learned counsel for the parties.

3.     During the pendency of this appeal, the parties have amicably settled the matter. Mr. Sushil Kumar Jain, learned counsel for the appellant has handed over four bank drafts amounting to Rs.16 lakhs, to the learned counsel for the respondent. This amount is paid in full and final settlement of the entire claim of the respondent Bhavna Sharma and her children.

4.     Learned counsel for the respondent submits that he has clear instructions from the respondent Bhavna Sharma that in case Rs. 16 lakhs is paid to her, she would not pursue the criminal case filed by her against the appellant.

5.     Consequently, we quash the following criminal cases filed by respondent Bhavna Sharma:

              i.        Case No.656/07, Protection under Domestic Violence at Court No.11 A.C.G.M., Jaipur; and

             ii.        Case No.353/Date 28.5.09 in Assistant Collector & Magistrate at Collectorate, Jaipur.

6.     Learned counsel for the parties pray that in view of the aforesaid settlement, the parties may be granted decree of divorce by mutual consent.

7.     In the peculiar facts and circumstances of this case and in the interest of justice, we deem it appropriate to grant a decree of divorce by mutual consent of the parties. All the disputes between the parties stand resolved and no action would be taken by the parties against each other.

8.     This appeal is accordingly disposed of.

.....................J. (DALVEER BHANDARI)

.....................J. (DEEPAK VERMA)

New Delhi;

October 10, 2011.


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