Supreme Court - Daily Orders
T. Madhalaimuthu vs The Inspector Of Police on 2 May, 2022
Bench: Dinesh Maheshwari, Aniruddha Bose
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.730 OF 2022
(Arising out of SLP (Crl.) No. 7915 OF 2021)
T. MADHALAIMUTHU & ORS. ....APPELLANT(S)
VERSUS
THE INSPECTOR OF POLICE & ANR. .....RESPONDENT(S)
O R D E R
Leave granted.
2. The appellant No. 2 and the newly added appellant i.e., appellant No. 3, Mr. Selin Raja @ Maria Selin Raj have attended the proceeding by video conferencing. Respondent No. 2, Ms. Lawrence @ F. Lawrence Antonia has also joined the proceedings by video conferencing. The parties are identified by their respective counsel.
3. Learned counsel for the parties have drawn our attention to the Settlement Agreement dated 23.03.2022 entered into at Chennai as also the joint application for directions (I.A. No. 64871 of 2022) supported by affidavit of both the appellant No. 3-husband and respondent No. 2-wife; and have submitted that all the ongoing disputes between the parties having been amicably resolved, appropriate and necessary orders be passed in this regard. The parties attending the proceedings in virtual Signature Not Verified mode have also agreed to terms of the Settlement Digitally signed by Rachna Date: 2022.05.02 19:00:17 IST Reason: Agreement dated 23.03.2022.
4. Brief facts are that the marriage between the appellant No. 3-husband and the respondent No. 2-wife was solemnized on 2 01.02.2009; and they were blessed with two minor daughters.
Disputes having arisen between the parties, the respondent No. 2-wife filed an FIR bearing number 06 of 2011 dated 11.06.2011 at W-18, All Woman’s Police Station, Pulianthope under Sections 498-A, 406 and 506(i) IPC alleging physical and mental harassment, breach of trust and intimidation by the appellant No. 3-husband and appellant Nos. 1 and 2, the parents-in-law, along with 5 others, which led to C.C. No. 4 of 2020 on the file of Additional Mahila Court, Egmore, Chennai.
5. The appellant Nos. 1 and 2 preferred Crl. O.P. No. 1627 of 2013 before the High Court of Judicature at Madras, seeking the orders for quashing the proceedings in C.C. No. 4 of 2020.
However, the same was dismissed by the High Court by its order dated 28.07.2021.
6. Aggrieved by the dismissal of Crl. O.P. No. 1627 of 2013, the appellant Nos. 1 and 2 preferred a petition seeking special leave to appeal before this Court. When the matter came up before this Court on 29.10.2021, it was submitted by learned senior counsel for the appellants that in order to show their bona fides, the appellants had prepared a Demand Draft in the sum of Rs. 40,00,000/- (Rupees Forty Lakhs only), payable to respondent No. 2. While issuing notices to the respondents, it was directed that the said Demand Draft be deposited in the Registry of this Court. Further, by the order dated 24.01.2022, validity of the said Demand Draft was ordered to be extended by a period of three months. As per the office report, the validity of the said Demand Draft is now coming to an end on 3 05.05.2022.
7. On 29.04.2022, in order to do complete justice in this matter, this Court allowed I.A. No. 64869 of 2022 for impleadment of the son of appellants as party to these proceedings.
8. An application for directions (I.A. No. 64871 of 2022) has been filed wherein it is pointed out that the mediation between complainant and the appellant No. 3 (wife and husband) has ended successfully on 23.03.2022. Accordingly, the Settlement Agreement was entered into and signed by the parties at the Madras High Court Mediation Centre on 23.03.2022.
9. While placing on record the terms of agreement, the appellants have prayed for quashing of the criminal proceedings taken up at the instance of the complainant-respondent No. 2.
It is also pointed out that the parties have otherwise proceeded in terms of the Settlement Agreement and have also moved a petition under Section 10A of the Divorce Act, 1869 for divorce by mutual consent; and pray for the dissolution of their marriage on terms and conditions stipulated in the Settlement Agreement dated 23.03.2022 and to grant a decree of divorce by mutual consent under by invoking our powers under Article 142 of the Constitution of India.
10. The Settlement Agreement between the parties reads as under: -
“SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT [“AGREEMENT”] ENTERED INTO AND EXECUTED AT CHENNAI ON THIS THE 23rd DAY OF MARCH 2022 4 BETWEEN Mrs. LAWRENCE @ F. LAWRENCE ANTONIA, Daughter of Mr. V. Francis Xavier, Christian, aged about 39 years, residing at No. 40, 2nd street, Gandhi Nagar, Vysarpadi, Chennai-600 039, herein after called as the PARTY OF THE FIRST PART.
AND Mr. SELIN RAJA @ MARIA SELIN RAJ, Son of Mr. Madhalaimuthu, Christian, aged about 42 years, residing at Pannakkanari, Valanadu, Ramnad district - 623 527, herein after called as the PARTY OF THE SECOND PART.
(The PARTY OF THE FIRST PART and PARTY OF THE SECOND PART, wherever the requires, are individually referred to as "PARTY" and collectively "PARTIES";
Wherever an interpretation would be required in order to give the fullest scope and effect legally possible to any clause/covenant or term contained herein, the expressions PARTY OF THE FIRST PART and PARTY OF THE SECOND PART wherever appears, shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include her/his respective heirs, executors, administrators, legal representatives, nominees and assigns;) A. WHEREAS the marriage between the PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART was solemnized on 01-02- 2009 at Arockia Annai Church, Ponakkaneri Village, Muthukulathur Taluk, Ramanathapuram District, as per Christian rites and customs and the PARTIES are blessed with two children viz. Miss. S. Maria Faustina and Miss. S. Maria Miruthula ["DAUGHTERS"];
B. AND WHEREAS the PARTIES, due to various disputes, have been living separately and have filed the below stated Cases. The PARTY OF THE SECOND PART instituted Divorce Proceedings vide O.P. No. 93 of 2011, on the file of Hon'ble III Additional Family Court, Chennai. The PARTY OF THE FIRST PART had Instituted proceedings for Restitution of Conjugal Rights vide O.P. No. 603 of 2011, on the file of Hon'ble III Additional Family Court, Chennai. The aforesaid Petitions were jointly heard and by a Common Fair and Decreetal Order passed on 21-03-2018, the said Hon'ble Court was pleased to dismiss the Divorce Petition and allowed the Petition for Restitution of Conjugal Rights;
5C. AND WHEREAS the PARTY OF THE FIRST PART had filed a Domestic Violence Petition against the PARTY OF THE SECOND PART in O.P. No. 1682 of 2012, under the Protection of Women from Domestic Violence Act, 2005 on the file of Hon'ble III Additional Family Court, Chennai and a Petition under Section 125 of Code of Criminal Procedure, 1972, vide M.C. No. 178 of 2018, on the file of Hon'ble IV Additional Family Court, Chennai;
D. AND WHEREAS the said O.P. No. 1682 of 2012 was disposed of on 02-12-2019 by the Hon'ble III Additional Family Court, Chennai. The Petition seeking Maintenance vide M.C. No. 178 of 2018, filed before the Hon'ble IV Additional Family Court, Chennai, is still pending adjudication;
E. AND WHEREAS the PARTY OF THE FIRST PART had instituted a Criminal Complaint in C.C. No. 4027 of 2011 in Crime No. 6 of 2011, on the file of the Hon'ble X Metropolitan Magistrate, Egmore, Chennai against PARTY OF THE SECOND PART and his Father and Mother, which was later renumbered as C.C. No.4 of 2020 and is presently pending before the Hon'ble Additional Mahila Court, Egmore. The Father and Mother of the PARTY OF THE SECOND PART had moved the Hon'ble High Court of Judicature at Madras vide Crl.O.P. No. 1627 of 2013 seeking to quash the above-mentioned proceedings and the same was dismissed by the Hon'ble High Court vide its Order dated 28-07-2021. The Father and Mother of the PARTY OF THE SECOND PART have moved the Hon'ble Supreme Court of India, as against the above-mentioned Order dated 28- 07-2021 of the Hon'ble High Court, vide S.L.P. (Crl.) No. 7915 of 2021 and the same is pending;
F. AND WHEREAS the Father of the PARTY OF THE SECOND PART had instituted a Criminal Complaint in C.C. No. 129 of 2014, on the file of the Hon'ble Judicial Magistrate, Ramanathapuram against one Mr. Manoj and the PARTY OF THE FIRST PART. The PARTY OF THE FIRST PART had moved the Hon'ble Madurai Bench of the Hon'ble Madras High Court vide., Crl. O.P. (MD) No. 2841 of 2015 seeking to quash the said proceedings as against her and obtained an Order dated 16-10-2019 quashing the same. The said C.C. No. 129 of 2014 is pending adjudication as against Mr. Manoj;
G. AND WHEREAS the PARTY OF THE FIRST PART had filed a Criminal Complaint in Crime No. 30 of 2021, with the W-18, All Woman Police Station - M.K.B. Nagar, against the PARTY OF THE SECOND PART, his Mother and Father as 6 well as one-Elizabeth Mary. The PARTY OF THE SECOND PART and his Mother have moved the Hon’ble Madras High Court vide., Crl.O.P. No. 25916 of 2021 seeking Anticipatory Bail in Crime No. 30 of 2021 for the alleged offences mentioned therein;
H. AND WHEREAS the Hon'ble Madras High Court had passed an Order dated 29-12-2021 in Cri. O.P. Nos. 25916 & 25960 of 2021 referring the Parties in both the said Petitions for Mediation, to be conducted under the aegis of the Tamil Nadu Mediation and Conciliation Centre, High Court, Chennai - 600 104 and the parties participated in numerous sessions of mediation, including on 25-02-2022 and 09-03-2022;
I. AND WHEREAS both the PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART, with the efforts and assistance of their respective Legal Counsels, have, on 09-03-2022, resolved to settle all such disputes, complaints, enquiries and court proceedings, once and for all to live in peace, thereby both PARTIES have mutually agreed to the clauses/covenants or terms specified in this SETTLEMENT AGREEMENT and have further decided to submit a copy of this SETTLEMENT AGREEMENT before the Learned Mediator during the next sitting scheduled to be held on 23-03-2022 and also to obtain Divorce by Mutual Consent, in the below stated manner;
J. WHEREAS both the PARTIES have signed this SETTLEMENT AGREEMENT out of their own will/wish, consent and in sound state of mind free from any form of coercion, collusion, connivance, undue influence, fraud or pressure;
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND MUTUAL COVENANTS, REPRESENTATIONS AND WARRANTIES AND AGREEMENTS HEREIN SET FORTH AND FOR GOOD AND VALUABLE CONSIDERATION OF WHICH IS HEREBY ACKNOWLEDGED, THIS SETTLEMENT AGREEMENT NOW WITNESSETH AS FOLLOWS: -
1. That in consideration of the clauses/covenants or terms contained herein the PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART shall, within a period of 15 days from the date of signing this SETTLEMENT AGREEMENT, file a Petition seeking Divorce by Mutual Consent, before the Hon'ble Family Court, Chennai seeking dissolution of their marriage held on 01-02-2009 at Arockia Annai Church, Ponakkaneri Village, Muthukulathur Taluk, Ramanathapuram District. The Draft Petition for Divorce on Mutual Consent containing the Terms and Conditions for the Divorce as 7 agreed between the PARTIES, including the PARTY OF THE FIRST PART retaining permanent and exclusive custody of their DAUGHTERS, is attached hereto and the PARTIES agree and acknowledge that the terms of separation are duly captured in the said Petition and shall both duly present the same before the Hon'ble Family Court, Chennai on the mutually agreed date as indicated above. Furthermore, on the same date, the PARTY OF THE FIRST PART hereby unconditionally and irrevocably consents and agrees that she shall withdraw the Petition seeking Maintenance in M.C. No. 178 of 2018, on the file of the Hon'ble IV Additional Family Court.
2. During the hearing to be held on 25-03-2022, the PARTY OF THE FIRST PART the Father and Mother of the PARTY OF THE SECOND PART, shall Instruct their respective Counsels in S.L.P. (Crl.) No. 7915 of 2021 to report the fact that PARTIES herein have compromised all their disputes/litigations in terms of the present SETTLEMENT AGREEMENT and to request the Hon'ble Supreme Court of India to allow the said S.L.P., thereby quashing C.C. No. 4 of 2020 on the file of the Hon'ble Additional Mahila Court, Egmore as against the Father and Mother of the PARTY OF THE SECOND PART and also to permit the PARTY OF THE FIRST PART to withdraw the sum of Rs.
40,00,000/- (Rupees Forty Lakhs only), deposited with the Registry of the Hon'ble Supreme Court of India vide Demand Draft No. 500346 dated 05-02-2022 drawn on ICICI Bank, favoring the PARTY OF THE FIRST PART [“Demand Draft"]. The said Demand Draft shall be held in custody by the Counsel for the PARTY OF THE FIRST PART for and on behalf of the PARTY OF THE FIRST PART and shall be handed over to the PARTY OF THE FIRST PART as set out in Cl. 4(a) of this SETTLEMENT AGREEMENT. In addition, the PARTIES also undertake to instruct their respective Counsel to request the Hon'ble Supreme Court of India to Quash the said C.C. No. 4 of 2020, as against the PARTY OF THE SECOND PART.
3. In the event of the refusal of the Hon'ble Supreme Court of India to Quash the said C.C. No. 4 of 2020, as against the PARTY OF THE SECOND PART, and/or his Parents, the PARTY OF THE FIRST PART AND THE PARTY OF THE SECOND PART shall take appropriate steps to Quash C.C. No. 4 of 2020 pending on the file of the Hon'ble Additional Mahila Court, Egmore, inter alia, by filing appropriate Petition(s) before the Hon'ble High Court, Madras under Section 482 of the Criminal Procedure Code, by submitting a copy of the present SETTLEMENT AGREEMENT, simultaneous to the filing of the Petition for Divorce by Mutual Consent. The PARTY OF THE FIRST PART hereby unconditionally and irrevocably consents 8 and agrees to cooperate with the PARTY OF THE SECOND PART in taking appropriate steps to quash Crime No. 30 of 2021, with the W-18 All Woman Police Station M.K.B. Nagar, simultaneous to the filing of the Petition for Divorce on Mutual Consent.
4. The PARTIES shall within 15 days from the date of filing a Petition seeking Divorce by Mutual Consent, take appropriate steps including but not limited to, filing of an Interlocutory Application to dispense with the waiting period of 6 (Six) months for grant of Divorce by Mutual Consent and present themselves before the Hon'ble Court for recording evidence. Both the PARTIES shall on the date of recording evidence perform the following:
a) The Demand Draft No. 500346 dated 05-02-2022 drawn on ICICI Bank, favoring the PARTY OF THE FIRST PART shall be handed over to the PARTY OF THE FIRST PART by her Counsel.
b) The PARTY OF THE FIRST PART shall, within one week from the date of receipt of the said Demand Draft, invest a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs only) ["Principal"] each in the name of their DAUGHTERS in the form of 2 (Two) ICICI Prudential Signature Plan for such numbers of years i.e., until their DAUGHTERS attain the age of 18 (Eighteen). The PARTY OF THE FIRST PART shall retain the Originals of the above-mentioned Investment Plan (evidencing payment of the Principal Amount) and hereby agrees to share a copy of the same with the PARTY OF THE SECOND PART.
c) The PARTY OF THE SECOND PART has agreed to pay a sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the PARTY OF THE FIRST PART, by way of a Demand Draft favoring the PARTY OF THE FIRST PART, on the date of completion of recording of evidence. Thus, the PARTY OF THE FIRST PART has agreed to receive a total sum of Rs.
50,00,000/- (Rupees Fifty Lakhs only) from the PARTY OF THE SECOND PART on behalf of herself and their DAUGHTERS.
d) The PARTY OF THE SECOND PART undertakes to hand over all original documents such as Birth Certificate as well as School and College certificates of the PARTY OF THE FIRST PART.
5. Further, on the day, following the date of completion of recording of evidence in the Petition for Divorce by Mutual Consent, the PARTY OF THE SECOND PART hereby unconditionally and irrevocably consents and agrees that he shall execute a Deed of Settlement 9 in respect of the Schedule Property in favour of PARTY OF THE FIRST PART and their daughters - Miss. S. Maria Faustina and Miss. S. Maria Miruthula, in the ratio 50:25:25 and present the same for registration the same day. The cost of such registration, including but not limited to Stamp Duty and Registration Fees shall be borne by the PARTY OF THE SECOND PART. The PARTY OF THE SECOND PART undertakes to hand over all original title and revenue documents in respect of the Schedule Property to the PARTY OF THE FIRST PART before passing of Final Orders in the Petition for Divorce by Mutual Consent.
6. The PARTIES agree that they shall both make a joint request to the concerned Hon'ble Family Court, Chennai to defer passing of the Final Order in the Petition for Divorce by Mutual Consent until the Fixed Deposits in the name of their DAUGHTERS, as above mentioned, are effected and until the Schedule Property is settled in favor of the PARTY OF THE FIRST PART and their DAUGHTERS and the Original Deeds of Title are handed over to the PARTY OF THE FIRST PART.
7. Both PARTIES agree that the PARTY OF THE SECOND PART shall pay a fixed sum of Rs. 1,25,000/- each, for their DAUGHTERS every year, towards their Tuition Fees, on or before 15th April every year, till their DAUGHTERS complete their schooling. If the Tuition Fees for their DAUGHTERS in any given year were to exceed the said sum of Rs. 2,50,000/- (Rupees Two Lakh Fifty Thousand only), then the amount in excess thereof shall be borne by the PARTY OF THE FIRST PART, which the PARTY OF THE FIRST PART hereby acknowledges. The said sum shall be deposited directly into the accounts of their DAUGHTERS - Miss. S. Maria Faustina (Bank: ICICI Bank Limited, Account No.: 269301000377, IFSC Code:
ICIC0002693, Bank Branch: Maraimalainagar Branch) and Miss. S. Maria Miruthula (Bank: ICICI Bank Limited, Account No.: 269301000376, IFSC Code: ICIC0002693, Bank Branch: Maraimalainagar Branch).
8. The break-up of all the above-mentioned amounts are listed hereunder:
Sl. DESCRIPTION AMOUNT (in
No. Rs.)
1. The Fixed Deposits 40,00,000/-
to be generated in
the names of their
DAUGHTERS.
2. The Demand Draft to 10,00,000/-
be issued by the
PARTY OF THE SECOND
PART in the name of
the PARTY OF THE FIRST
10
PART.
3. The PARTY OF THE SECOND 2,50,000/- per PART shall pay the year Tuition Fees for both DAUGHTERS put together till they complete their Twelfth Standard.
Total Amount 50,00,000/- +
2,50,000/- per
year
9. The PARTY OF THE FIRST PART hereby
unconditionally and irrevocably consents and agrees that she will not approach the PARTY OF THE SECOND PART for any further financial assistance in the form of Maintenance or otherwise either for herself or for their DAUGHTERS. Furthermore, The PARTY OF THE FIRST PART hereby unconditionally and irrevocably consents and agrees that she will look after the entire expenses for their DAUGHTERS post their attaining the age of 18 (Eighteen), including but not limited to Education, Marriage, Medical Expenses, etc.
10. The PARTY OF THE SECOND PART hereby undertakes that he has relinquished all his rights over the 50 Sovereigns of Jewellery that was given to the PARTY OF THE FIRST PART, since the time of their marriage. For sake of clarity, it is specified that the said Jewellery is already in the custody of the PARTY OF THE FIRST PART.
11. The PARTY OF THE FIRST PART hereby undertakes that she shall give Visitation Rights to the PARTY OF THE SECOND PART by permitting him to meet their DAUGHTERS (unaccompanied by any person during the meeting) for about 3 hours, in a common place (within Chennai District) of choice of the PARTY OF THE SECOND PART during the 1st Sunday of every English Calendar Month. In case on account of any exigency (health, exams, etc.,), their DAUGHTERS or one among them could not meet the PARTY OF THE SECOND PART, the same shall be compensated by providing Visitation Rights, on Sunday, in the 2nd week of the said month and so on.
12. In the event the PARTIES hereto, for reasons beyond their control, are unable to perform any of the obligations set out in this SETTLEMENT AGREEMENT within the timeline agreed and recorded hereto, they shall be entitled to extend the same, subject to communication of the same by electronic mail by the Counsel of the PARTY so seeking extension of time to the Counsel of the other PARTY and subject to the consent of the 11 other PARTY in writing, which consent shall not be withheld unreasonably.
13. Upon obtaining the Order of Divorce by Mutual Consent from the Hon'ble Family Court, Chennai, the PARTIES hereto agree, undertake and covenant as follows:
a) Thus, the PARTY OF THE FIRST PART relinquishes her rights of claiming any further monies towards Permanent Alimony, Maintenance, and Litigation expenses for her, for the past, present and future against the PARTY OF THE SECOND PART. Similarly, the PARTY OF THE FIRST PART agrees and undertakes not to demand any further money or favor from the PARTY OF THE SECOND PART for Maintenance or upbringing of their daughters - Miss. S. Maria Faustina and Miss. S. Maria Miruthula. For the sake of clarity, it is specified that the aforementioned payments and Settlement shall be treated as a Permanent Alimony in so far as the PARTY OF THE FIRST PART is concerned and Permanent Maintenance in so far as their DAUGHTERS are concerned.
b) The PARTIES herein consent and agree to withdraw all the cases instituted by them against each other, even if the same is not specified herein and further undertakes not to institute any further case (civil or criminal), in connection with their Marriage or any other matter connected therewith.
c) The PARTIES agree and admit that no other belongings/assets/valuables of one PARTY is in the hands/custody of the other PARTY.
d) Both PARTIES herein declare that as per the mutual decision they both have no further claim in any manner whatsoever against each other even in changed circumstances and both PARTIES further declare that both of them relinquish their rights against each other in respect with the materialistic belongings of the PARTIES herein.
e) The PARTIES herein undertake not to file or lodge any future complaints against each other and/or their family members and both PARTIES further undertake that they will not raise any issue against each other in future.
f) The PARTIES herein mutually agree and undertake that they will not interfere or disturb their respective life at any point of time, in any manner.
14. The PARTIES hereby agree that if any of the 12 clauses/covenants or terms or any part of any the clauses/covenants or terms of this AGREEMENT is/are invalid or unenforceable or prohibited by the applicable law of the land, this AGREEMENT shall be considered divisible and its remainder/balance shall remain in effect, be valid, binding and of the like effect as if such invalid clauses/covenants and/or terms had not been included herein in the first place. Furthermore, the PARTIES hereby agree that the clauses/covenants or terms of this AGREEMENT shall be preserved to the extent possible.
15. There shall be no modification or correction to this AGREEMENT unless it is in writing and signed by both PARTIES, who are signatories of the present AGREEMENT. This SETTLEMENT AGREEMENT supersedes any prior agreements, discussion, understanding or negotiations, whether written and/or oral.
16. The PARTIES herein understand and agree that the clauses/covenants/terms of this AGREEMENT are sacrosanct and binding upon both the PARTIES. Both PARTIES herein undertake that they will abide by this SETTLEMENT AGREEMENT and further undertake that they will not at any point of time act in contravention to the clauses/covenants/terms present in this SETTLEMENT AGREEMENT.
17. The PARTIES herein undertake that if one PARTY to this SETTLEMENT AGREEMENT acts against the interest of the other PARTY, with respect to the various clauses/covenants/terms of this SETTLEMENT AGREEMENT, then that one PARTY can initiate appropriate legal action against the other PARTY through the due process of law to enforce the various clauses/covenants/terms of this SETTLEMENT AGREEMENT.
18. The PARTIES herein agree that this SETTLEMENT AGREEMENT shall be executed in 6 (Six) counterparts each of which shall be deemed to be an Original but each of which shall constitute one and the same instrument. Further, the PARTIES hereto agree that they shall jointly submit one of the counterparts with the Hon'ble Supreme Court of India in S.L.P. (Crl.) No. 7915 of 2021, requesting the Hon'ble Supreme Court to pass an appropriate Order in terms of the present SETTLEMENT AGREEMENT. The PARTY OF THE FIRST PART shall retain 1 (One) such counterpart on behalf of herself AND THE PARTY OF THE SECOND PART shall retain the remaining 4 (Four) such counterparts (to be submitted before the various other Hon'ble Courts, if required) on behalf of himself, each of which shall be deemed to be an Original.
13SCHEDULE PROPERTY All that piece and parcel of property being land of an extent of 2450 square feet, comprised in Plot No. 9, Old Survey No. 508/2, New Survey No. 508/2A1B, situated at "Govindarajapuram", Nandhivaram Village (No. 6), Chengalpet Taluk, Kancheepuram District, within the Sub-Registration District of Guduvancherry and Registration District of South Chennai, bounded on the:
East by: Canal West by: 16 Feet Road North by: Plot No.10 South by: Plot No.8 IN WITNESS WHEREOF, BOTH THE PARTIES HAVE EXECUTED THIS SETTLEMENT AGREEMENT AS OF THE DAY, MONTH AND YEAR AS SET FORTH ABOVE. BOTH THE PARTIES AGREE THAT NONE OF THEM HAVE BEEN COERCED OR PUT UNDER ANY PRESSURE OR INFLUENCED IN ANY MANNER WHATSOEVER TO ENTER INTO THE PRESENT SETTLEMENT AGREEMENT. THE PARTIES HEREIN ARE CONVERSANT WITH ENGLISH LANGUAGE. BOTH PARTIES HAVE THOROUGHLY READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THE PRESENT AGREEMENT AND AGREE AND UNDERTAKE TO BE BOUND BY THE PRESENT SETTLEMENT AGREEMENT FOR ALL TIMES TO COME.
Witnessed the execution of the AGREEMENT between the PARTIES:
s/d Mrs. Lawrence @ F. Lawrence Antonia (PARTY OF THE FIRST PART) s/d Mr. Selin Raja @ Maria Selin Raj (PARTY OF THE SECOND PART) WITNESSES:
1. S. Raju S/o Sebastiam 1192 Vinayaganagar Kallal Sivaganga Dist 630305
2. D. Palui Kumar S/o P. Dhanasakera No: 2A, Second Floor, Nethaji Colony 6th Street, illegible.”
11. In the peculiar facts of the case, we are of the considered view that the settlement entered into between the 14 parties deserves to be accepted. Having regard to the circumstances, when the parties have resolved all their disputes and are ready to abide by all the terms and conditions, we find it just and proper to invoke the powers under Article 142 of the Constitution of India for granting decree of divorce by mutual consent to the parties and to quash the proceedings arising out of FIR No. 6 of 2011. We also deem it appropriate to annul the proceedings in all other cases, whether filed by the appellants or by the respondent No. 2-
wife. The proceedings in all such cases shall stand closed by virtue of this order. I.A. No. 64871 of 2022 stands allowed in the above stated terms.
12. Taking note of the submissions made on behalf of the parties and in totality of the circumstances, it appears appropriate to pass necessary orders so as to allow the parties to proceed ahead in terms of the said settlement.
13. Having regard to the various factors involving the matter, it is considered appropriate and hence directed that: -
13.1. IDOP No. 1757 of 2022 pending before the Family Court at Chennai stands transferred to this Court and while granting the prayer therein, the marriage between the appellant No. 3, Selin Raja @ Maria Selin Raj and respondent No. 2, Lawrence @ F. Lawrence Antonia, which was solemnised on 01.02.2009 at a Church at Ponnakkareli Village, Muthukulathur Taluk, Ramanathapuram District, as per the Christian rites and customs, shall stand dissolved by the decree of divorce by mutual consent in terms of Section 10A of the Divorce Act, 15 1869.
13.2. It is directed that the Demand Draft in the sum of Rs.
40 lakhs as mentioned in paragraph 2 of the Settlement Agreement and available in the Registry of this Court may be handed over to Mr. Amol Chitale, learned counsel for respondent No. 2 today itself, who may receive it for and on behalf of the respondent No. 2 so as to ensure that the Demand Draft is presented to the Bank for encashment within the period of its validity.
13.3. Another Demand Draft in the sum of Rs. 10 lakhs with reference to paragraph 4 (c) of the settlement agreement drawn on UCO Bank, Supreme Court Branch bearing No. 799330 dated 26.04.2022 has been handed over to Mr. Amol Chitale, learned counsel, who has accepted the same on behalf of the respondent No. 2 for appropriate deposit in terms of the settlement agreement.
13.4. The proceedings in C. C. No. 4 of 2020 pending before the Additional Mahila Court, Egmore, Chennai shall stand quashed.
13.5. The proceedings in FIR No. 6 of 2021 pending in WB-18, All Women Police Station, Pulianthope, Tamil Nadu shall also stand quashed.
13.6. It has also been submitted by the learned counsel for the parties that in regard to the Clause 5 of the Settlement Agreement, the appellant No. 3 shall execute the necessary deed, whereby the transfer envisaged in the said clause is finalised, which may also be the deed of gift. The deed shall 16 be executed by the appellant No. 3 on or before 20.05.2022.
14. The parties agree that, henceforth, they will not initiate any proceedings against each other with reference to the issues which stand closed in terms of the Settlement Agreement. The Settlement Agreement has been taken on record, made part of this order and accepted by the Court. All claims stand settled in terms of the Settlement Agreement. The parties undertake to abide by their obligations without any exception. Their undertakings given in the settlement agreement dated 23.03.2022 are accepted.
15. The appeal stands disposed of in the aforesaid terms.
All pending applications also stand disposed of.
16. While disposing of the matter, we place on record our appreciation for the efforts made by the advisers of the parties and by the learned Mediator as also by their respective learned counsel in assisting the parties to arrive at an amicable and acceptable settlement.
…………………………………………………J (DINESH MAHESHWARI) …………………………………………………J (ANIRUDDHA BOSE) NEW DELHI;
MAY 2, 2022.
17ITEM NO.44 COURT NO.14 SECTION II-C
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. 7915/2021
(Arising out of impugned final judgment and order dated 28-07-2021 in CRLOP No. 1627/2013 passed by the High Court of Judicature at Madras) T. MADHALAIMUTHU & ORS. Petitioner(s) VERSUS THE INSPECTOR OF POLICE & ANR. Respondent(s) ([I.A. NO. 51625 OF 2022 (CLARIFICATION/DIRECTION) IS LISTED UNDER THIS ITEM]) Date : 02-05-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Parties Mr. T. Harish Kumar, AOR Dr. Joseph Aristotle S., AOR Ms. Nupur Sharma, Adv.
Mr. Shobhit Dwivedi, Adv.
Mr. Sanjeev Kumar Mahara, Adv.
Mr. Amol Chitale, Adv.
Mrs. Pragya Baghel, AOR 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.
All pending applications also stand disposed of.
(SHRADDHA MISHRA) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed Order is placed on the file)