Supreme Court - Daily Orders
Prakarti Pangariya vs Chandra Saroj on 15 September, 2014
Bench: Dipak Misra, Abhay Manohar Sapre
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2054 OF 2014
(Arising out of S.L.P.(Cr) No.7579/2012)
Prakarti Pangariya .. Appellant(s)
Versus
Chandra Saroj & Ors. .. Respondent(s)
O R D E R
Leave granted.
Perused the Mediation Report. The relevant part of the Mediation Report reads under:
“1. That the arrange marriage between the petitioner i.e. Ms. Prakrati Pangariya, W/o Mr. Mayank Jain, D/o Mr. G.M. Pangariya, was solemnized with Mr. Mayank Jain, husband as per Hindu rites and customs on 05.05.2009 at Jaipur, Rajasthan. The marriage was consumated and no child has been born out of this wedlock. That the parties have resided together till 21.05.2011. However due to differences in culture, habits and nature, they have decided to live separately thereafter. Subsequently various court cases of Civil, Criminal and Matrimonial nature were filed against each other, details of which are given in the Appendix-A. This matter was referred to mediation by this Hon'ble Court by order dated 11.07.2014.
The Mediation proceedings were held with the parties in the presence of their respective counsel on 05.08.2014, 28.08.2014 and today i.e. 29.08.2014. That by the joint efforts the parties have decided to resolve their disputes forever and put an end to entire Signature Not Verified litigation. Accordingly present Memorandum of Digitally signed by Usha Rani Bhardwaj Date: 2014.09.24 14:03:59 IST Reason: Understanding has been executed between the parties on the following terms and conditions :-2
1. It is agreed between the parties that after execution of this Memorandum Of Understanding the parties will be at liberty to lead their life at their own sweet will and dignified manner.
2. It is also agreed between the parties that all the efforts will be made by the parties to put an end to all the pending litigations enclosed separately in Appendix-A.
3. It is agreed between the parties that the husband-
Mr. Mayank Jain will pay a sum of Rs. 5,00,000/- (Rs. Five Lacs Only) (including Rs. 50,000/- as directed by this Hon'ble Court in view of order dated 11.07.2014) to the petitioner/First Party/wife as full and final settlement of all her past, present and future claims. Accordingly, both sides, will not have any further claim whatsoever.
4. It is also agreed between the parties that the order dated 25.10.2013 passed by IVth Family Court Mumbai at Bandra in Petition No. A-1063/2012, declaring the dissolution of marriage attains finality and it will be accepted and binding upon both the parties.
5. That the husband has brought the demand draft No. 045594 dated 28.07.2014 drawn on State Bank of India at Mumbai in favour of Prakarti Pangaria for a sum of Rs. 5,00,000/- (Rs. Five Lacs Only) has been handed over to the Petitioner/First Party/Wife i.e. Prakarti Pangaria today only,which is being duly accepted by her.
6. It is further agreed between the parties that both the parties will make all the efforts and cooperate each other in quashing all the proceedings mentioned in Appendix-A. It is also agreed between the parties to make appropriate prayer in this regard before this Hon'ble Court.
It is further agreed that in case if any party will not remain present then on the basis of present Memorandum Of Understanding the prayer will be made before the respective Courts by the other party.
7. It is also agreed between the parties that the first party or her family members is at liberty to take possession of the articles/goods lying in Mahila Thana, Bhilwara at Rajasthan.
8. It is also agreed between the parties that Mr. Mayank Jain or his family member/second party will make 3 appropriate prayer before City Kotwali, Bhilwara, Rajasthan for release and possession of "DELL LAPTOP"
with acessories lying there in pursuance of case No. 231/12 at Sr. No. 2 of Appendix-A. That this Memorandum Of Understanding has been executed by both the parties voluntarily and with healthy mind and body and without any coercion or pressure. The same is binding upon their respective guardian, heirs, representatives etc.” At this juncture, it is essential to refer to Appendix-A. Having heard learned counsel for the parties and upon perusal of the mediation report, item (i) Case No.237/2012 arising out of FIR No.5/2012 lodged at Mahila Thana Bhilwara against Mr. Mayank Jain-husband under Section 498-A, 406 of IPC by the petitioner, (ii) FIR No.231/2012 lodged at City Kotwali Bhilwara by the petitioner against the respondents and Mr. Mayank Jain-husband and (v) FIR No.SPL-LAC5/12, dated 04.09.2012 at Cyber Crime Cell BKC Mumbai lodged by the petitioner against Mr. Mayank Jain-husband are quashed.
As far as item (iii) Case No.DV/20 of 2012 filed under Domestic Violence Act filed by the petitioner against the respondents and Mr. Mayank Jain-husband pending before the Borivali Court, Mumbai at Court No.26, it is deemed to have been disposed of in terms of the settlement.
Similarly, item (vii) Civil M.A. No.129/2014 filed 4 by Mr. Mayank Jain-husband against the petitioner-wife pending before Family Court Bandra, Court No.4 in Petition A-1063 of 2012 under Order 9 Rule 12, C.P.C., shall stand disposed of.
The appeal is disposed of accordingly.
....................J. [DIPAK MISRA] .. ...................J. [ABHAY MANOHAR SAPRE] NEW DELHI, September 15, 2014.5
ITEM NO.55 COURT NO.8 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. 7579/2012
(Arising out of impugned final judgment and order dated 25/04/2012 in SBCRM No. 378/2012 passed by the High Court of Rajasthan at Jodhpur) PRAKARTI PANGARIYA Petitioner(s) VERSUS CHANDRA SAROJ AND ORS Respondent(s) (with appln. for permission to bring additional facts and documents on record and office report) Date : 15/09/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Rishabh Sancheti, Adv.
Ms. Padma Priya, Adv.
Mr. T. Mahipal,Adv.
For Respondent(s) Mr. Shiv Mangal Sharma, Adv. AAG Rajasthan Mr. Anjali Chauhan, Adv.
Mr. Akshat Anand, Adv.
Mr. Sitesh Narayan Singh, Adv. Mr. Milind Kumar,Adv.
Mr. Jitendra Singh Tanwar, Adv. Mr. Mohan Pandey,Adv.
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.
(USHA BHARDWAJ) (RENUKA SADANA)
AR-CUM-PS (COURT MASTER)
Signed order is placed on the file.