Supreme Court - Daily Orders
Anuthi Priya vs State Of Bihar on 4 January, 2022
Bench: Dinesh Maheshwari, Vikram Nath
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 13 OF 2022
(Arising out of SLP (Crl.) No. 7923 of 2021)
ANUTHI PRIYA …..APPELLANT
VERSUS
STATE OF BIHAR & ANR. …..RESPONDENT(S)
O R D E R
Leave granted.
2. Learned counsel for the parties have drawn attention to the Settlement Agreement dated 13.12.2021 executed before the Supreme Court Mediation Centre, New Delhi as also the joint application (Crl. MP No. 165451 of 2021) supported by affidavit of both the parties; and have submitted that all the ongoing disputes between the parties having been amicably resolved, appropriate and necessary orders be passed in this regard.
3. Brief facts are that the marriage between the appellant-
wife and the respondent-husband was solemnized on 23.04.2017.
Disputes having arisen, the appellant-wife filed an FIR bearing number 56 of 2019 dated 22.08.2019 at Mahila PS, Samastipur, under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, alleging physical and mental harassment for dowry by the respondent-husband and his family.
4. Signature Not Verified During the pendency of trial, the respondent-husband had Digitally signed by Dr. Mukesh Nasa Date: 2022.01.07 17:11:02 IST Reason: filed an application before the Judicial Magistrate, 1st Class, Samastipur, for grant of permission to go abroad for his profession, which was rejected by the Trial Court by its order 2 dated 17.12.2020.
5. Feeling aggrieved by the order of the Trial Court, the respondent-husband moved an application before the High Court of Judicature at Patna, praying for quashing the order of the Trial Court dated 17.12.2020. By the impugned order dated 26.07.2021 in Criminal Miscellaneous No. 11001 of 2021, the High Court had partly allowed the application preferred by the respondent. The High Court though held that it would not be appropriate to allow the respondent to travel abroad at the given stage but, in order to strike a balance between the liberty of the respondent, and the need for a fair and speedy trial, the respondent was permitted to travel abroad after charges had been framed by the Trial Court, subject to certain conditions. The Trial Court was directed to frame charges against the respondent within two months.
6. The operative portion of the order of the High Court reads as under: -
“Taking into consideration the facts of the case and the rival submissions of the parties, this court is of the opinion that at this stage it would not be proper to give permission to the petitioner to go abroad and the impugned order does not suffer from any illegality. Primary concern of the court is to ensure fair and speedy trial. In such a situation, court has to strike a balance between liberty of accused on the one hand and interest of society in ensuring fair and speedy trial on the other hand. However, in the interest of justice, it is observed that once charge is framed the petitioner shall be free to go abroad on the condition that he will file an undertaking in the court below that he shall appear in the court as and when required by the court. The petitioner will also file an undertaking that he shall engage a lawyer on his behalf to appear on each and every date fixed in the case. The petitioner shall not object to the recording of evidence and no adjournment shall be 3 asked on his behalf and shall be present in court as and when so required.
In the aforesaid facts and circumstances, the court below is directed to frame charges in the case within two months from the date of receipt of this order.
With the aforesaid observation/ direction, this petition is disposed of.”
7. Challenging the order so passed by the High Court, the appellant-wife has filed this special leave petition. Notice in this petition was issued on 08.10.2021 and operation and effect of the impugned order dated 26.07.2021 was stayed. However, after noticing the elements of settlement in the case, the parties were referred to the Supreme Court Mediation Centre on 03.12.2021.
8. Later, the parties mutually decided to dissolve their marriage in terms of the settlement arrived at before the Supreme Court Mediation Centre. Accordingly, the Settlement Agreement was entered into and signed by the parties in the presence of their respective counsel, father of the respondent and the Mediator appointed by the Supreme Court Mediation Centre on 13.12.2021. A joint application (Crl. MP No. 165451 of 2021) has been filed on behalf of the parties seeking to quash the civil and criminal proceedings arising out of their matrimonial dispute; to dissolve their marriage on terms and conditions stipulated in the Settlement Agreement dated 13.12.2021; and to grant a decree of divorce by invoking our powers under Article 142 of the Constitution of India. They have made the application with the prayers in the following terms: -
4“That the petitioner-wife and Respondent No.2- husband jointly prefers the present application for directions under Article 142 of the Constitution of India for the following: -
(i) Dissolution of marriage of the Petitioner-wife and Respondent no. 2-husband AND quashing / termination of the criminal / civil proceedings arising out of matrimonial dispute between the parties as detailed in Para 3 and 4.”
9. The Settlement Agreement dated 13.12.2021 reads as under:-
“SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Ms. Anuthi Priya, D/o Shri Trilok Kumar Mishra, R/o Mohalla West Boring Canal Road, PS Shrikrishnapuri, Town and District Patna, presently at New Delhi (hereinafter referred as Petitioner / Wife) and Mr. Mantreshwar, S/o Mr. Mr. Ashutosh Kumar H/o Anuthi Priya, R/o Babu Saheb Colony Laheriasarai, Darbhanga 846001, presently at New Delhi (hereinafter referred as Respondent / Husband).
Brief facts of the matter are that:-
1. The marriage between the Petitioner and Respondent no.2 was solemnized as per Hindu rites and customs on 23.04.2017 at Darbhanga Bihar. There is no child from this wedlock. Due to unmitigated disputes and differences, the parties started living separately on and from 25.05.2018 and since then petitioner-wife has been living with her parents at her father's official residence being Bunglow No. 614, situated at Railway Officer's Colony, Samastipur, Bihar. Both parties resided together as husband and wife up to 24.05.2018 in Gurugram, Haryana.
2. During the aforementioned period of separation only, Respondent-Husband who is an engineer from NIT, Warangal had to go to Indonesia for his job.
Petitioner-Wife, who is a MBBS doctor from Darbhanga Medical College and Hospital (DMCH), Darbhanga was preparing for her masters' degree then. Many trivial avoidable circumstances blew out of proportion AND on account of such acrimony, parties were led to initiate following litigations:-
Case filed by Petitioner-wife (I) 2189/2019 Anuthi Priya Vs Mantreshwar and others in the Court of SDJM, Samastipur, Bihar (FIR No.56/19 filed at Mahila PS Samastipur);
(ii) Criminal Complaint Case No.6234/2021 Anuthi Priya Vs Mantreshwar and others in the Court of CJM, Patna, Bihar;
(iii) Maintenance Case No.70/2021 Anuthi Priya Vs Mantreshwar in the Court of DJ Division Patna Sadar, Bihar;5
(iv) Misc. Judicial Complaint No.901/2021 AnuthiPriya Vs Mantreshwar Before High Court of Judicature at Patna, Bihar;
(v) Complaint No.8/C 190002500/2019/NCW/CD/RK Anuthi Priya Before NCW, Delhi Case filed by Respondent-husband
(i) Matrimonial Case No.149/2020 Mantreshwar Vs Anuthi Priya before Ld. Principal Judge, Darbhanga, Bihar;
(ii) Crl. Misc. No.36627/2020 Mantreshwar Vs State of Bihar and Anr. Before Hon'ble High Court of Judicature at Patna, Bihar;
(iii) Complaint Case No.2733/2021 Mantreshwar Vs Anuthi Priya before Ld. CM, Ranchi, Jharkhand
3. This is a case where the marriage was solemnized almost about 4.5 years ago and it has been more than three and a half years since the parties parted company in May, 2018. Many attempts were made by both parties for some settlement which ultimately failed when Petitioner-wife lodged the aforesaid FIR and Respondent-husband filed the aforementioned Petition for divorce.
4. Vide order dated 03.12.2021 passed by Honble Mr. Justice Dinesh Maheshwari and Hon'ble Mr. Justice Vikram Nath, this matter has been referred to Supreme Court Mediation Centre.
5. Comprehensive mediation sessions were held with the parties separately and jointly along with their respective counsels on 10.12.2021, 11.12.2021, 13.12.2021 [total almost 7-8 hours] physically arranged by the Supreme Court Mediation Centre wherein attempts were made to explore any possibility to reconcile but parties have voluntarily on their own free will, volition and without any force or coercion/intimidation/undue influence and in absence of any possibility of reconciliation; amicably resolved to settle all their disputes and differences in presence of me the undersigned Mediator on the following terms and conditions:-
i) Both parties hereto confirm and declare that they have voluntarily and of their own free will, decided not to live together as husband and wife as their wedlock has now virtually become a deadlock and chances of reunion had completely faded away and there is complete destruction of the essence of marriage between parties and the same has already irretrievably broken down.
ii) In the background of the circumstances and keeping in mind the young age of the parties and the deleterious effect of the continuance of a sterile marriage on the prospects of their re-marriage, both parties agree for divorce by mutual consent as they 6 feel this is the only just and proper way to allow them to spend their remaining period of life happily with contentment instead of compelling them to lead a miserable and emotional life without any constructive purpose.
iii) Both parties confirm and declare that they shall jointly pray before the Hon'ble Supreme Court of India for disposing of the present Special Leave Petition (Crl.) No.7923 of 2021 and grant a decree of divorce by mutual consent and also quash of aforementioned FIR No. 56/2019 by exercising its inherent powers under Article 142 of the Constitution of India in the interest of both parties who are just 30 years of age having been living apart for long and granting a decree of divorce straightaway shall enable the unwilling parties to put an end to their untold misery. Both parties agree to move a joint application before the Hon'ble Supreme Court of India for the abovementioned purpose.
iv) The Respondent-husband has agreed and undertook to pay Rs. 30,00,000/- (Rupees Thirty Lakhs Only) to Petitioner-wife towards full and final settlement of all her claims (past, present and future), stridhan, residence, permanent alimony and maintenance either by way of DD in the name of Anuthi Priya in her State Bank of India Account No. 32605361996, IFSC SBIN0003025 or through RTGS/NEFT at the time of hearing of this matter before the Hon'ble Supreme Court.
v) Both parties further agree that in case the Hon'ble Supreme Court of India is not inclined to invoke Article 142 of the Constitution of India for granting the decree of divorce by mutual consent OR for quashing the above FIR, they shall take following steps to give effect to this present Settlement Agreement:-
a) Both parties shall, within two weeks of the order of the Hon'ble Supreme Court of India disposing of the present Special Leave Petition (Crl.) No.7923 of 2021, initiate proceedings to withdraw all litigations/ complaints filed by them and are pending in various courts/authorities, as mentioned hereinbefore in paragraph 2 above;
b) Both parties thereafter shall file Petition for divorce by mutual consent under Section 13 (B) of Hindu Marriage Act, before the Family Court, Darbhanga or Samastipur, Bihar, or any other court suitable as per jurisdiction to both the parties AND also simultaneously initiate necessary proceedings before competent court for quashing the FIR as aforementioned wherein the expenses of filing both the mutual consent divorce petitions by way of First and Second Motion respectively AND moving the High Court under section 7 482 shall be borne by both parties individually and in that case, the mode of payment will be as under: -
• The Respondent-husband shall pay to Petitioner-wife the First installment of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) by way of Demand Draft in the name of Anuthi Priya in her State Bank of India Account No. 32605361996, IFSC SBIN0003025 or through RTGS/NEFT at the time of recording of statements during First Motion of divorce petition filed under Section 13(B) (1) of H.M. Act, 1955 by way of mutual consent at Family Court, Darbhanga or Samastipur, Bihar or any other court suitable as per jurisdiction to both the parties • The Respondent-husband shall pay to Petitioner-wife the Second installment of Rs.5,00,000/- (Rupees Five Lakhs Only) by way of Demand Draft in the name of Anuthi Priya in her State Bank of India Account No. 32605361996, IFSC SBIN0003025 or through RTGS/NEFT at the time of getting the FIR bearing no.56/2019, as mentioned hereinabove in Paragraph 2, quashed.
• The Respondent-husband shall pay to Petitioner-wife the Third and Final installment of Rs.10,00,000/- (Rupees Ten Lakhs Only) by way of Demand Draft in the name of Anuthi Priya in her State Bank of India Account No. 32605361996, IFSC SBIN0003025 or through RTGS/NEFT at the time of recording the statements and grant of decree of the divorce petition filed under Section 13(B)(2) of H.M. Act, 1955 by way of mutual consent at Family Court, Darbhanga or Samastipur, Bihar or any other court suitable as per jurisdiction to both the parties by which time the FIR closure/quashing report must be filed before the Family Court.
vi) Both parties have further agreed, resolved and unequivocally state that the entire divorce proceedings as enumerated hereinabove shall be concluded without violating any of the terms and conditions strictly within the time frame mutually agreed upon and without leaving the divorce proceedings pending in between.
vii) Both parties also agreed that they shall not initiate any further civil/criminal complaint/case or other proceedings before any court/forum or authority against each other and/or their family members AND in case any case/complaint/ proceedings are found to be pending before any court/forum/authority, the same shall be deemed to have been settled in terms of the present Settlement Agreement.
viii) Both parties agree and undertake not to interfere in the life of each other in any manner and also undertake not to make any allegations, defamatory or derogatory, against each other and their respective family members personally or on any public forum 8 and/or through social media i.e. whatsapp, facebook, twitter, instagram etc. or in any other manner whatsoever, specifically at each other's work place.
ix) Both parties agree and undertake to be bound by the terms of the present Settlement Agreement. The parties further agree and undertake that they shall not resile from or dispute this Settlement Agreement in future.
x) Both parties agree that they have arrived at the present Settlement Agreement with their own free will and desire and without any pressure, fraud, force, coercion or undue influence by either of the parties and / or their family members. The parties also agree that the contents of the present Settlement Agreement have been read over to them by the Mediator and they have understood the contents of the same in its true letter and spirit.
xi) Both parties hereto state that they have no further claims, demands against each other as all the disputes and differences between the parties have been amicably settled hereto through the process of Mediation.
xii) In view of the terms of this Settlement Agreement, parties herein reiterate to withdraw and / or quash all the pending cases/ complaints, if any, against each other before any court of law or any other forum and would take all necessary steps for doing the same.
By signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of Mediation. Parties undertake to abide by the terms and conditions set out in this Settlement Agreement, which has been arrived between them without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.
Parties have gone through the details of this Settlement Agreement and have understood the same. Parties are accordingly signing this Settlement Agreement in presence of the following persons, to authenticate their will to comply the same as agreed above.
s/d- s/d-
(Anuthi Priya) (Mantreshwar)
Petitioner/wife Respondent/husband
s/d-
(Ashutosh Kumar)
Father of the Respondent
9
s/d- s/d-
(Supantha Sinha) (Meenakshi S. Devgan)
Advocate for the Respondent Advocate for the Petitioner
s/d-
[Sangeeta Mehrotra]
Mediator Supreme Court of India
Date: 13th December, 2021”
10. In the peculiar facts of the case, we are of the
considered view that the settlement entered into between the parties deserves to be accepted. Having regard to the circumstances, when the parties have resolved all their disputes and are ready to abide by all the terms and conditions, we find it just and proper to invoke the powers under Article 142 of the Constitution of India for granting decree of divorce by mutual consent to the parties and to quash the proceedings arising out of FIR No. 56 of 2019. We also deem it appropriate to annul the proceedings in all other cases, whether filed by the appellant-wife or by the respondent-
husband (as mentioned in para 2 of the Settlement Agreement).
The proceedings in all such cases shall stand closed by virtue of this order. Crl. MP No. 165451 of 2021 stands allowed in the above terms.
11. Accordingly, we grant a decree of divorce by mutual consent to the parties and the marriage between the appellant and the respondent, solemnized on 23.04.2017, stands dissolved.
11.1. The parties agree that, henceforth, they will not initiate any proceedings against each other in reference to the issues which stand closed in terms of the Settlement Agreement. The 10 Agreement has been taken on record, made part of this order and accepted by the Court. All claims stand settled in terms of the Settlement Agreement. The parties undertake to abide by their obligations without any exception. Their undertakings given in the settlement agreement dated 15.12.2021 are accepted.
11.2. It is specifically stated and undertaken on behalf of the respondent-husband that he will make payment of an amount of Rs. 30,00,000/- (Rupees Thirty Lakhs Only), as stated in paragraph 4(iv) of the settlement agreement, in the bank account of the appellant-wife within four weeks from today, i.e., on or before 01.02.2022.
12. This appeal is disposed of in the aforementioned terms.
All pending applications stand disposed of.
13. While disposing of the matter, we place on record our appreciation for the efforts made by the learned mediator in assisting the parties to arrive at an amicable settlement.
….……………………..…….,J.
(DINESH MAHESHWARI )1 ….……………………..…….,J.
(VIKRAM NATH)1 1 New Delhi;
January 4, 2022
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ITEM NO.28 Court 14 (Video Conferencing) SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 7923/2021 (Arising out of impugned final judgment and order dated 26-07-2021 in CRLM No. 11001/2021 passed by the High Court Of Judicature At Patna) ANUTHI PRIYA Appellant VERSUS STATE OF BIHAR & ANR. Respondent(s) (IA No. 165451/2021 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A. IA No. 128141/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 128142/2021 - EXEMPTION FROM FILING O.T. IA No. 145387/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 129779/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 04-01-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. Anil Kumar Mishra-i, AOR For Respondent(s) Mr. Samir Ali Khan, AOR Mr. Anand Shankar Jha, AOR Mr. Arpit Gupta, Adv.
Ms. Meenakshi Devgan, Adv.
Mr. Girish Bhardwaj, Adv.
Mr. Shubham Tripathi, Adv.12
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the Signed Order.
All pending applications shall stand disposed of.
(SHRADDHA MISHRA) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (Signed Order is placed on the file)