Supreme Court - Daily Orders
Rahul Pandey vs The State Of Madhya Pradesh on 15 May, 2023
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
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ITEM NO.12 COURT NO.1 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(s) for Special Leave to Appeal (Crl.) No(s).608/2018
(Arising out of impugned final judgment and order dated 10-02-2017
in MCRC No. 1324/2017 passed by the High Court of M.P. at Indore)
RAHUL PANDEY Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH & ANR. Respondent(s)
(WITH IA No. 131217/2022 - EXEMPTION FROM FILING O.T.)
Date : 15-05-2023 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON'BLE MR. JUSTICE J.B. PARDIWALA
For Petitioner(s) Mr. Amish Aggarwala, AOR
Mr. Rajat Bhatia, Adv.
Mrs. Ekta Mudgil, Adv.
For Respondent(s) Ms. Preetika Dwivedi, AOR
Mr. Abhisek Mohanty, Adv.
Mrs. Ankita Choudhary, A.A.G.
Mr. Pashupathi Nath Razdan, AOR
Mr. Anurag Singh, Adv.
Mr. Astik Gupta, Adv.
Ms. Ayushi Mittal, Adv.
Mr. Vipul Abhishek, Adv.
Mr. Kuldeep Kumar Shukla, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1
Signature Not Verified
A joint application dated 12 May 2023 has been filed by the petitioner and the Digitally signed by Sanjay Kumar Date: 2023.05.15 second respondent in pursuance of a settlement which was arrived at in the 17:01:58 IST Reason:
course of the mediation proceedings before the Supreme Court Mediation Centre.2
2 The settlement which is annexed to the joint application shall form an annexure to this order.
3 In terms of the settlement, counsel appearing on behalf of the petitioner has handed over a demand draft in the amount of Rs 30 lakhs to the counsel for the second respondent.
4 The following proceedings by and between the parties shall stand quashed:
(a) FIR No 919/2016 PS Vijay Nagar, Indore, MP) under Sections 498A, 506 and 34 of Indian Penal Code 1860 against the petitioner and his family members;
(b) Case No MJCR 200039/2017 pending before the Family Court Ujjain, MP under Section 125 of the Code of Criminal Procedure 1973 1 against the petitioner;
(c) Case No MCRC 1582/2018 and MCRC 16559/2019 under Section 482 CrPC pending before the Madhya Pradesh High Court; and
(d) Appeal filed in Case No. MP13010020022023 (CRA/32/2023) pending before the District and Sessions Court, Ujjain, Madhya Pradesh as CRA for DV case under Section 29.
5 Both the counsel state that the parties have been living apart since 2016. 6 In view of the above circumstances and since there is no likelihood of reconciliation, it has been agreed that the parties shall jointly apply to this Court for a decree for divorce by mutual consent.
1 “CrPC” 3 7 In exercise of the jurisdiction of this Court under Article 142 of the Constitution, in terms of the request which is made in the joint application, and in the course of submission by the counsel, we order and direct that there shall be a decree for divorce by mutual consent under Article 142 of the Constitution. 8 The Registry shall draw up a decree in terms of the present order and as set out in the settlement agreement before the Supreme Court Mediation Centre. 9 The Special Leave Petition is accordingly disposed of. 10 Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
DEPUTY REGISTRAR ASSISTANT REGISTRAR
ANNEXURE A-1 16
SLP (CRL) NO. 608 OF 2018
28th
April
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