Supreme Court - Daily Orders
Pradeep Sharma vs State Of Uttar Pradesh on 23 April, 2025
1
ITEM NO.27 COURT NO.16 SECTION II
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).13919/2024
[Arising out of impugned final judgment and order dated 14-03-2023
in CRLR No.5427/2022 passed by the High Court of Judicature at
Allahabad]
PRADEEP SHARMA Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ANR. Respondent(s)
(Mediation report received)
(IA No. 150802/2024 - EXEMPTION FROM FILING O.T.)
Date : 23-04-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH
HON'BLE MR. JUSTICE MANMOHAN
For Petitioner(s) Mr. Yuganshu Sharma, Adv.
Ms. Sonia Dhamija, Adv.
Mr. Shreevardhan Dhoot, Adv.
Mr. Alabhya Dhamija, AOR
For Respondent(s) Ms. Srishti Singh, AOR
Mr. Atul Kumar, AOR
Mr. S.K. Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
At the outset, learned counsel for the parties submit that Signature Not Verified Digitally signed by nothing remains for adjudication as the parties have settled the SAPNA BISHT Date: 2025.04.24 18:07:05 IST Reason: matter among themselves.
2. Learned counsel for respondent no.2 submits that though there 2 has been a settlement but the final payment in terms thereof, is to be made by the petitioner sometime in February, 2026. Thus, prayer was made to adjourn the matter beyond February, 2026.
3. From the record it transpires that the matter was referred to the Supreme Court Mediation Centre (SCMC) and the report enclosing the settlement agreement dated 27.03.2025 has been submitted.
4. Having considered the matter, we do not feel that there is any necessity to keep the matter pending. The terms of the settlement agreement are as under:-
“SETTLEMENT AGREEMENT This Settlement Agreement is entered into between Petitioner- Mr. Pradeep Sharma S/o Late Radheyshyam Sharma, R/o. Avdah, Post Sarawa, Police Station, Bardah, District Azamgarh (here in after referred to as Petitioner-Husband) and Mrs. Mithilesh Sharma W/o Mr. Pradeep Sharma D/o Matabhikh R/o- Avdah, Post Sarawa, Police Station, Bardah, District Azamgarh- UP276301 presently residing at Village Goverdhanpur, Post Chewar Paschim Police Station Devgaon District Azamgarh- UP 276201 (here in after referred to as Respondent-2 wife).
1. Whereas, the marriage between the Petitioner and Respondent No. 2. wife was solemnized as per Hindu rites and ceremonies on 02.04.2004 at Village Audha, Tehsil Lal Ganj, Azamgarh.
After marriage parties resided together at Bangalore and there is no issue out of this wedlock.
2. Both the parties resided together as husband and wife till May-June 2014, and thereafter both the parties are residing separately and have not cohabited as husband and wife.
3. Whereas the Parties have filed following cases against each other:-
(i) Respondent No.2 Wife has filed Execution Petition No. 46/2022 pending before Principal Family Court District Azamgarh arising out of Complaint Case No. 333/2014 Under Section 125 Cr.P.C. titled as Mithilesh Sharma Vs Pradeep Sharma.
(ii) Respondent No.2 wife filed a Complaint Under Section 498 A. 323, 504, 506 IPC and Under Section 3, 4 of the Dowry Prohibition in Police Station Devgaon District Azamgarh which is registered as Criminal Case No. 339/2014 3 pending before in the Court of FTC (Women) District Azamgarh.
4. Whereas Hon'ble Supreme Court vide Order dated 12.11.2024 in Special Leave Petition (Cri) No. 13919/2024 has referred the matter to Supreme Court Mediation Centre. Comprehensive mediation sessions were held between the parties and their respective advocates on 22.11.2024, 06.12.2024, 15.01.2025, 04.02.2025, 07.02.2025, 14.02.2025, 17.02.2025, 19.02.2025, 24.02.2025 (physical and virtual both) and today i.e. 27.03.2025 (physically for signing of the present Settlement Agreement).
5. Both the parties hereto have arrived at an amicable settlement on the following terms and conditions for dissolution of marriage by mutual consent:-
A. That the parties have agreed that the Petitioner- husband will pay to the Respondent No.2-wife a total sum of Rs. 41,00,000/- (Rupees Forty One Lakhs Only) towards full and final settlement of all her claims towards her permanent alimony, Stridhan, maintenance (past, present, future) and any other claim whatsoever. The Respondent No. 2 undertakes that on receipt of the amount of Rs.
41,00,000/- from the Petitioner husband, she will have no claims whatsoever from the Petitioner husband. The aforesaid payment shall be paid by the Petitioner-Husband to the Respondent No.2 wife in the following manner:
i. Rs. 7,00,000/- (Rupees Seven Lakhs Only) vide Cheque No. 000001 dated 27.03.2025 drawn on HDFC Bank Limited Branch SY NO. 162, 1st May RMS Colony Bhattarahalli KR Puram Bangaluru-560049, Karnataka.
ii. Rs. 3,00,000/- (Rupees Three Lakhs) by way of RTGS / NEFT on or before 27.04.2025.
iii. Rs. 6,20,000/- (Rupees Six Lakhs Twenty Thousand Only) by way of RTGS/NEFT on or before 27.06.2025. iv. Rs. 6,20,000/- (Rupees Six Lakhs Twenty Thousand Only) by way of RTGS / NEFT on or before 27.08.2025. V. Rs. 6,20,000/- (Rupees Six Lakhs Twenty Thousand Only) by way of RTGS/NEFT on or before 27.10.2025. vi. Rs. 6,20,000/- (Rupees Six Lakhs Twenty Thousand Only) by way of RTGS/NEFT on or before 27.12.2025. vii. Rs. 6,20,000/- (Rupees Six Lakhs Twenty Thousand Only) by way of RTGS/NEFT on or before 27.02.2026.
The Petitioner has undertaken that he is maintaining sufficient balance in his account and all the payments in terms of the above schedule shall be credited / paid or any encashed 4 on the given date in the Respondents No. 2 wife Mithilesh Sharma account no. 50398631167, IFSC Code No. IDIB000D568, Indian Bank, Branch Devgaon District Azamgarh (UP) through RTGS/ NEFT method. In case any default of the above payments or any instalment thereof, Petitioner shall be liable for all consequences.
B. It is agreed between the parties that after the receipt of entire instalments as mentioned in para 5 A. above the parties shall move a Joint application before the Hon'ble Supreme Court under Article 142 of Constitution of India for invoking inherent powers of the Hon'ble Supreme Court praying for quashing of proceedings mentioned in para 3 and for dissolution of marriage.
6. That the Petitioner and the Respondent have agreed that none of them will initiate any other legal action or complaint against each other or against the family members of each other in respect of their matrimonial dispute in future.
7. That subject to the aforesaid terms, the parties have resolved all the disputes amicably in relation to the marriage and have been left with no claims against each other or their respective family members.
8. That by signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other including maintenance, or any movable or immovable property and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation.
9. The parties undertake to abide by the terms and conditions set out in the above mentioned Settlement Agreement, which have been arrived with free will of the parties without any coercion, duress or collusion and parties undertake not to raise any dispute whatsoever henceforth.
10. The contents of this settlement agreement have been explained to all the parties through their respective counsels and they have understood the same.”
5. We make it clear that both the sides shall strictly abide by the terms of the settlement agreement and any deviation thereof, besides entailing any other penal consequences, shall also amount to contempt of this Court in view of the undertaking given by both sides that they will comply with the terms of the settlement agreement. In view thereof, the Special Leave Petition stands 5 disposed of.
6. Pending application(s), if any, shall also stand disposed of.
(SAPNA BISHT) (ANJALI PANWAR) COURT MASTER (SH) COURT MASTER (NSH)