Supreme Court - Daily Orders
Satish Chandra vs State Of U.P . on 8 October, 2014
Bench: Sudhansu Jyoti Mukhopadhaya, Prafulla Chandra Pant
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2175 OF 2014
(Arising out of SLP (Crl.) No. 9313 of 2013)
SATISH CHANDRA & ANR. .... APPELLANTS
VERSUS
STATE OF U.P. & ORS. ....RESPONDENTS
O R D E R
Leave granted.
This appeal has been preferred by the appellants father-in-law and mother-in-law against the order dated 19 th July, 2013 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Application No.23719/2013. By the impugned order the High Court refused to quash the charge-sheet dated 6th July, 2013 and interfered with the proceedings in case No. 1445/IX of 2012 (Case No. 99 of 2011) State Vs. Deepak and others pending in the Court of Additional Chief Judicial Magistrate, Mathura.
Taking into consideration the fact that the dispute is between the appellants and their daughter-in-law, the matter was referred to the Mediation Centre of this Court. By letter dated 20th September, 2014, the Supreme Court Mediation Centre forwarded a Settlement of Agreement reached between the parties on 20th September, 2014, relevant portion of which reads as follows:
“SETTLEMENT OF AGREEMENT This Settlement of Agreement is entered into Signature Not Verified between (1) Mr. Deepak Agarwal, S/o Mr. Satish Chandra Digitally signed by Rajni Mukhi Date: 2014.11.01 Mittal, R/o Teachers Colony, Fatehpur Sikri, Distt.13:01:11 IST Reason:
Agra, U.P. (hereinafter referred as First Party) AND 1 Mrs. Sonu Agarwal, W/o Mr. Deepak Agarwal, D/o Mr. Bheek Chand Agarwal, R/o Village Ole, P.S.Farah, Distt. Mathura, Uttar Pradesh on this 20th day of September, 2014.
This matter was referred to mediation by the Hon’ble Supreme Court vide its Order dated 18.07.2014.
Mediation sessions, both joint and private, were held with the parties, their Counsel and relations on 20.08.2014, 13.09.2014 and today the 20.09.2014.
1. The parties have voluntarily and with their consent arrived at an amicable settlement through the process of mediation on the terms and conditions set out hereunder:
2. That the first party has agreed to pay to the second party a total sum of Rs. 11,00,000/- (Rs. Eleven lacs only) in full and final settlement of all her claims present and future against Dowry, Stridhan, alimony etc. in the following manner :
(i) That a sum of Rs. 3,00,000/- (Rupees Three Lacs only) will be paid today on the date of signing this settle-
ment agreement by way of Demand Draft No. 326454, dated 19.09.2014, Central Bank of India, drawn on Mathura, U.P. in her favour and the receipt is being given.
(ii) The second installment of Rs. 3,00,000/- (Rs. Three lacs only)will be paid on or before 28.10.2014 by way of de- mand draft in the name of the second party before the Ld. Additional Sessions Judge, Court No. 8, Mathura.
(iii) The last and final installment of Rs. 5.00,000/-
(Rs. Five lacs only) will be paid to the second party by the first party at the time of passing final decree of divorce by mutual consent by the Family Court, Agra, U.P. on a joint mutual petition of divorce under section 13 B (a) of Hindu Marriage Act 1954 or by the Hon’ble Supreme Court under Article 142 of Constitution of In- dia.
3. That the second party Mrs. Sonu Agarwal has filed the follow- ing cases against the first party and pending in the said courts will be withdrawn on or before the next dates fixed and the Hon’ble Supreme Court be pleased for passing a decree of divorce and quashing of these cases.
I. Domestic Violence Case No. 88/9/12 pending in the Court of IVth Judicial Magistrate, Mathura and the next date of hearing is fixed for 08.10.2014, filed by the Second Party Sonu Agarwal against First 2 party Deepak Agarwal, Satish Chandra, Kusum, Prabha, Anuj Kumar and Smt. Shital.
II. Sessions Trial Case No. 67 of 2014 State Vs. Deepak Agarwal filed under section 498-A, 323, 504/506, 315, 316 IPC and under section 3 & 4 of the Dowry Prohibition Act pending the Court of Addl. District & Sessions Judge, Court No. 8, Mathura and the next date of hearing is fixed on 15.10.2014.
III. Case No. 1445/9/2012 filed by Second Party Sonu Agarwal against First Party Deepak Agarwal pending in the Court of Additional C.J.M.(Court No.3) Mathura, Uttar Pradesh known as State of U.P Vs. Satish Chandra Mittal & others and stayed by the Hon’ble Supreme Court (next date not known). IV. It is stated by Mrs. Sonu Agarwal that two com-
plaints have been made by her mother-in-law Mrs. Kusum Prabha against her dated 07.05.2013 to Agra Region, A.D. Basic Education Agra, now transferred to Hathras District, Aligarh, A.D. Basic and the second complaint against Mrs. Kanta Agarwal, W/o Sh. Bheek Chand Agarwal by the said Kusum Prabha pending in the Income Tax Office, Mathura, Uttar Pradesh and these complaints will now be withdrawn by her within four weeks of signing this settle- ment.
4. That subject to the aforesaid terms and conditions, the parties hereto have resolved all the pending/future disputes amicably and peacefully in relation to the marriage and have been left with no claims whatsoever against each other or their respective family members.
5.That the parties hereto have agreed not to file any other case of any kind whatsoever in any Court and they will abide by this Settlement in future for all times to come and have no grievance against each other.
6.By signing this Agreement the parties hereto solemnly state and affirm that they have no further claim or demand of any kind against each other and all the disputes and differences have been amicably and mutually settled by the parties hereto through the process of mediation.
7.That it is further agreed that neither of parties shall take any coercive action against each other in the future arising out of matrimonial relationship and shall ensure safe, secure and cordial atmosphere for each other and their families respectively.
38. The parties undertake to abide by the terms and conditions set out in the above mentioned Agreement, which have been ar- rived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.” In terms of the Settlement, Demand Draft dated 19th Septem- ber, 2014 for Rs.3,00,000/- (Rupees Three Lakhs only) has been handed over to the complainant-daughter-in-law but there is a typographical error in the said draft with regard to surname of the complainant. For that purpose, the complainant is allowed to hand over the Demand Draft to the appellants to get it cor- rected and to get the draft back to the complainant after neces- sary correction within two weeks from the date of handing over the draft.
In view of the settlement of agreement reached between the parties, we set aside the impugned order dated 19th July, 2013 passed by the High Court of Judicature at Allahabad in Crl. Misc. Appln. No. 23179 of 2013, quash the charge-sheet dated 6th July, 2013 and the proceedings of case No. 1445/IX of 2012 (Case No. 99 of 2011) State Vs. Deepak and others pending in the Court of Additional Chief Judicial Magistrate, Mathura and dis- pose of the appeal in terms of the settlement reached between the parties.
The parties are directed to adhere to the terms and con- ditions reached between them.
The appeal stands disposed of.
….………....……………………………………….J. (SUDHANSU JYOTI MUKHOPADHAYA) ………………………………………………………..J. (PRAFULLA CHANDRA PANT) NEW DELHI;
OCTOBER 08,2014
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ITEM NO.39 COURT NO.4 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). 9313/2013
(Arising out of impugned final judgment and order dated 19/07/2013 in CRLMA No. 23719/2013 passed by the High Court of Judicature at Allahabad) SATISH CHANDRA & ANR Petitioner(s) VERSUS STATE OF U.P AND ORS. Respondent(s) (with appln. (s) for stay and office report) Date : 08/10/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE PRAFULLA CHANDRA PANT For Petitioner(s) Mr. S. K. Verma,Adv.
For Respondent(s) Mr. Abhishek Gupta,Adv.
Mr. Avadh Bihari Kaushik,Adv.
Mr. Ravi Prakash Mehrotra,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal stands disposed of in terms of the Signed Order.
(Rajni Mukhi) (Suman Jain)
Sr. P.A. Court Master
(Signed Order is placed on the file)
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