Supreme Court - Daily Orders
Kumkum Gupta vs Vivek Gupta on 15 May, 2020
Author: S. Ravindra Bhat
Bench: S. Ravindra Bhat
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO(S).372 OF 2018
KUMKUM GUPTA PETITIONER(S)
VERSUS
VIVEK GUPTA RESPONDENT(S)
O R D E R
1. Learned counsel have informed this Court that the parties have arrived at an amicable settlement through mediation and have reduced the settlement terms into writing. They wish to place the settlement terms on the record.
2. Counsel for the parties have moved Application for taking on record the settlement agreement and for direction under Section 13(1)
(b) of the Hindu Marriage Act, 1955. A copy of the settlement agreement dated 19.02.2020 annexed with application being I.A. No.38272 of 2020 is taken on record and shall be treated as part of the order. Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.05.19 Having regard to the terms of settlement, the 16:53:17 IST Reason: following proceedings pending inter se,
(a) H.M.A. Case No.16 of 2017 under Section 13 H.M. Act 2 titled Vivek Gupta vs. Kumkum Gupta pending before the Court of Neem Ka Thana at Sikar, Rajasthan.
(b) FIR No.231 of 2017 dated 06.06.2017 under Sections 498-A, 406 IPC read with 3 & 4 of D.P.Act titled State of Uttar Pradesh Vs. Vivek Gupta & Ors., lodged in P.S.Mahila Thana, Ghaziabad, Uttar Pradesh.
(c) FIR No.364 of 2017 under Section 420, 468 and 471 IPC titled State Vs. Vivek Gupta & Ors. lodged in P.S.Safdarjung Enclave, New Delhi.
(d) Complaint Case No.923/2017 under Section 498-A, 406 IPC r/w 2, 3 & 4 of D.P.Act titled Kumkum Gupta V. Vivek Gupta & Ors. pending before ACJM, Ghaziabad P.S.Indrapuram.
(e) NCR No.125 of 2017 under Section 323 & 506 IPC titled State of Uttar Pradesh Vs. Vivek Gupta & Anr. lodged P.S.Kavi Nagar, Ghaziabvad, Uttar Pradesh.
(f) Complaint Case No.383 of 2017 under Section 12 of D.V.Act titled Kumkum Gupta Vs. Vivek Gupta & Ors. pending before ACJM, Ghaziabad, Uttar Pradesh.
(g) Execution No.158 of 2019 under Section 125(3) Cr.P.c. titled Kumkum Gupta Vs. Vivek Gupta pending before Family Court, Ghaziabad, Uttar Pradesh.
(h) Criminal Misc.Writ Petition No.10663 of 2018 Vivek Gupta & Ors. vs. State of U.P. & Anr. pending before Allahabad High Court.
(i) Criminal Misc.Writ Petition No.18032 of 2018 titled Vivek Gupta & Anr. Vs. State of U.P. & Anr. pending 3 before Allahabad High Court.
(j) CRLR No.2626 of 2019 titled Vivek Gupta Vs. State of U.P. & Anr. pending before Allahabad High Court.
(k) Complaint Case No.124 of 2017 titled Vivek Gupta Vs. Kumkum Gupta & Ors. pending before ACJM, Ghaziabad.
(l) Complaint Case No.1013 of 2017 titled Vivek Gupta vs. Kumkum Gupta & Ors. pending before ACJM, Ghaziabad.
(m) Application under Section 482 Case No.32509 of 2017 titled Kumkum Gupta & Ors. Vs. State of U.P. & Ors. pending before Allahabad High Court.
(n) Application under Section 482 Case No.3450 of 2019 titled Ratanlal Aggarwal & Anr. Vs. State of U.P. & Ors. pending before Allahabad High Court.
(o) Case No.157 of 2017 titled Kumkum Gupta Vs. Vivek Gupta under Section 125 Cr.P.C. pending before Family Court Ghaziabad, Uttar Pradesh. shall stand quashed.
3. Further, having regard to the terms of settlement in paragraph 2(iv) and (vi), the marriage between the petitioner and the respondent is hereby dissolved by mutual consent under Section 13(1)(B) of the Hindu Marriage Act, 1955 in exercise of this Court’s power under Article 142 of the Constitution of India.
4. The respondent shall deposit the required 4 amount within two weeks directly into petitioner’s account in terms of the settlement agreement and an undertaking to such effect shall be filed in the present proceedings within a week thereafter.
5. We record and accept the undertaking given by the parties that they will abide by the terms and conditions incorporated in the Settlement Agreement and shall not initiate any further civil or criminal case against each other and/or their family members with regard to the matrimonial alliance.
6. Resultantly, application No. 38272 of 2020 is allowed and the Transfer Petition is disposed of in the aforementioned terms.
..................,J.
(S.RAVINDRA BHAT)
NEW DELHI
MAY 15, 2020
5
ITEM NO.4 Virtual Court 4 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 372/2018
KUMKUM GUPTA Petitioner(s)
VERSUS
VIVEK GUPTA Respondent(s)
IA No. 38272/2020 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A. IA No. 31299/2018 - EX-PARTE STAY IA No. 120920/2019 - EXEMPTION FROM FILING O.T. IA No. 94693/2018 - EXEMPTION FROM FILING O.T. IA No. 120917/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 43369/2019 - VACATING STAY) Date : 15-05-2020 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Pramit Saxena, AOR For Respondent(s) Mr. Krishan Pal Mavi, AOR UPON hearing the counsel the Court made the following O R D E R I.A.No. 38272 of 2020 is allowed and the Transfer Petition is disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(NEETU KHAJURIA) (VIRENDER SINGH)
COURT MASTER COURT MASTER
(Signed order is placed on the file.)