Supreme Court - Daily Orders
Komal Narang vs The State Of Rajasthan on 14 May, 2025
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CRIMINAL / EXTRA-ORDINARY APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRIMINAL) NO(S). 6086/2022
KOMAL NARANG PETITIONER(S)
VERSUS
STATE OF RAJASTHAN & ORS. RESPONDENT(S)
O R D E R
1. The present petition has been filed by the petitioner-
husband for quashing of criminal proceedings arising out of FIR No.117/2019 registered by the respondent no.2-wife for the offences punishable under Sections 406, 498-A, 313 & 377 of the Indian Penal Code. All the same the subsequent development in the matter has come and through the process of mediation, a settlement has now been arrived at between the parties.
2. Before we proceed, the brief facts of the case are that the petitioner-husband and respondent no.2-wife were married on 13.12.2015 as per Hindu rites and customs. They have no Signature Not Verified Digitally signed by Nirmala Negi children out of their wedlock. They barely stayed as husband Date: 2025.05.30 15:49:12 IST Reason: and wife for about three to four years and since May 2019, they have been living separately. A series of cases have been 2 filed by the parties against each other both civil and criminal and they have been presently fighting these litigation. On joint request, the matter was referred to the Supreme Court Mediation Centre and through the process of mediation, a settlement dated 04.03.2025 has now been arrived at between the parties. Thereafter, the parties also appeared before the Registrar (Judicial) of this Court and have agreed to the terms and conditions of said settlement. The relevant terms and conditions of the said settlement reads as under:-
“NOW WHEREAS both the parties (the Petitioner/ Husband and the Respondent/Wife) voluntarily, on their own free will and volition and without any force or coercion have amicably resolved to settle all their disputes and differences, in the presence of the Mediator and their respective counsels, on the following terms and conditions: -
1. That both the parties (the Petitioner/Husband and the Respondent/Wife) hereto confirm and declare that they have, voluntarily and of their own free will and volition have decided not to live together as husband and wife.
2. That the parties have mutually agreed that since there seems no possibility of them joining back as husband and wife in future and it will be in the complete interest of the parties to dissolve their relationship/marriage at the earliest to bring peace and harmony in their life, they have agreed to make a joint prayer to the Hon’ble Supreme Court of India to dispose of the Special Leave Petition (Crl.) No. 6086 of 2022 and grant decree of divorce by mutual consent by exercising its inherent powers under Article 142 of the Constitution of India.
3. That the First Party (Husband) has agreed to give the full and final settlement amount of Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) along with a gold chain and kada (bracelet) to the Second Party (Wife) towards all her claim (past, present and future) for maintenance, stridhan and any other claim/dues towards the Second 3 Party by way of D.D.
4. That both the parties have further agreed and resolved not to initiate any further civil/criminal or other proceedings before any court/forum or authority after the execution of this settlement agreement.
5. That both the parties have agreed and resolved to move a joint application before the Hon’ble Supreme Court immediately after execution of this Settlement Agreement (After both the parties, and their Counsels signing the Agreement) for listing and disposal of the matter in terms of this settlement agreement.
6. That both the parties have agreed and resolved to 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 divorce by mutual consent and for quashing/disposing of:
a. Criminal Registration Case under 406 & 498A of IPC bearing no. 7351 of 2021, State vs. Komal arang, pending before the Hon’ble Court of CJM ACJM JM- Shri Ganganagar District HQ, Ganganagar, Rajasthan, filed by the Second Party against the First Party. b. Complaint under 406, 498A, 323, 313 & 377 of IPC bearing no. 497 of 2021, Pardeep Sachdeva vs. Komal Narang, pending before the Hon’ble Court of CJM ACJM JM- Shri Ganganagar District HQ, Ganganagar, Rajasthan, filed by the Second Party against the First Party. c. Criminal Miscellaneous Case under 12, 17, 19, 20 & 22 of Protection of Women from Domestic Violence Act bearing no. 1060 of 2019, Shefali vs. Komal Narang, pending before the Hon’ble Court of CJM ACJM JM- Shri Ganganagar District HQ, Ganganagar, Rajasthan filed by the Second Party, filed by the Second Party against the First Party.
d. Criminal Miscellaneous Case under 23 of Protection of Women from Domestic Violence Act bearing no. 1061 of 2019, Shefali vs. Komal Narang, pending before the Hon’ble Court of CJM ACJM JM- Shri Ganganagar District HQ, Ganganagar, Rajasthan, filed by the Second Party. e. Criminal Miscellaneous Case under 125 of Code of 4 Criminal Procedure, 1973 bearing no. 194 of 2019, Shefali vs. Komal Narang, pending before the Hon’ble Court of Spl Sessions Judge Family Court, Labour Court Complex HQ, Ganganagar, Rajasthan filed by the Second Party against the First Party.
f. Complaint Case under 356 of Bhartiye Nyaya Sanhita bearing no. 16957 of 2024 titled Santokh Singh Vs. Shyam Lal Narang pending in the Court of Ld. CJM ACJM JM Shri Ganganagar District HQ, Ganganagar, Rajasthan, filed by friend of the father of the Second Party against father of the First Party.
g. Divorce Petition under 13(1) of Hindu Marriage Act bearing no. 671 of 2021, Shefali vs. Komal Narang, pending before the Hon’ble Court of Spl Sessions Judge Family Court, Labour Court Complex HQ, Ganganagar, Rajasthan filed by the Second Party against the First Party. h. Civil Suit under Code of Civil Procedure Code, 1906 bearing no. 37 of 2022, Shyamlal Narang and Ors. Vs. Shefali and Ors., pending before the DJ ADJ- Hanumangarh District HQ, Hanumangarh, Rajasthan filed by father of the First party against the Second Party.
i. Complaint under 500 of Code of Criminal Procedure, 1973 bearing no. 59 of 2022, Shyamlal Narang Vs. Shefali and Ors., pending before the CJM ACJM MJM AMJM- Hanumangarh District HQ, Hanumangarh, Rajasthan filed by father of the First party against the Second Party.
j. Civil Suit under 40 of Specific Relief Act bearing no. 560 of 2022, Ashwini Narang vs. Shefali, pending before the Additional Civil Judge (Senior Division), Civil Court, Panchkula, Haryana filed by brother of the First Party against the Second Party.
7.That both the parties have agreed and resolved that in case the Hon'ble Supreme Court of India is not inclined to invoke Article 142 of the Constitution of India to dispose of the divorce Petition bearing No. 671 of 2021 and grant decree of divorce by mutual consent, both the parties will take steps in the following manner to give effect to the present settlement agreement:5
a. The Second Party will withdraw the Criminal Registration Case under 406 & 498A of IPC bearing no. 7351 of 2021, State vs. Komal Narang, pending before the Hon’ble Court of CJM ACJM JM- Shri Ganganagar District HQ, Ganganagar, Rajasthan, or will take appropriate step immediately to get the above said case quashed by filing appropriate application before the appropriate Court/Forum, within 10 days of signing of this Settlement Agreement.
b. The Second Party/father of the Second Party will withdraw the Complaint under 406, 498A, 323, 313 & 377 of IPC bearing no. 497 of 2021, Pardeep Sachdeva vs. Komal Narang, pending before the Hon’ble Court of CJM ACJM JM- Shri Ganganagar District HQ, Ganganagar, Rajasthan, or will take appropriate step immediately to get the above said case quashed by filing appropriate application before the appropriate Court/Forum, within 10 days of signing of this Settlement Agreement.
c. The Second Party will withdraw the Criminal Miscellaneous Case under 12, 17, 19, 20 & 22 of Protection of Women from Domestic Violence Act bearing no. 1060 of 2019, Shefali vs. Komal Narang, pending before the Hon’ble Court of CJM ACJM JM- Shri Ganganagar District HQ, Ganganagar, Rajasthan, within 10 days of signing of this Settlement Agreement.
d. The Second Party will withdraw the Criminal Miscellaneous Case under 23 of Protection of Women from Domestic Violence Act bearing no. 1061 of 2019, Shefali vs. Komal Narang, pending before the Hon’ble Court of CJM ACJM JM- Shri Ganganagar District HQ, Ganganagar, Rajasthan, within 10 days of signing of this Settlement Agreement.
e. The Second Party will withdraw the Criminal Miscellaneous Case under 125 of Code of Criminal Procedure, 1973 bearing no. 194 of 2019, Shefali vs. Komal Narang, pending before the Hon’ble Court of Spl Sessions Judge Family Court, Labour Court Complex HQ, Ganganagar, Rajasthan, within 10 days of signing of this 6 Settlement Agreement.
f. The Second Party will get the Complaint Case under 356 of Bhartiye Nyaya Sanhita bearing no. 16957 of 2024 titled Santokh Singh Vs. Shyam Lal Narang pending in the Court of Ld. CJM ACJM JM Shri Ganganagar District HQ, Ganganagar, Rajasthan, filed by friend of the father of the Second Party against father of the First Party against father of the First Party, withdrawn or quashed by getting appropriate application filed before the appropriate Court/Forum, within 10 days of signing of this Settlement Agreement.
g. The Second Party will withdraw the Divorce Petition under 13(1) of Hindu Marriage Act bearing no. 671 of 2021, Shefali vs. Komal Narang, pending before the Hon’ble Court of Spl Sessions Judge Family Court, Labour Court Complex HQ, Ganganagar, Rajasthan filed by the Second Party against the First Party within 10 days of signing of this Settlement Agreement.
h. The First Party will get the Civil Suit under Code of Civil Procedure Code, 1906 bearing no. 37 of 2022, Shyamlal Narang and Ors. Vs. Shefali and Ors., pending before the DJ ADJ- Hanumangarh District HQ, Hanumangarh, Rajasthan filed by father of the First party against the Second Party, withdrawn within 10 days of signing of this Settlement Agreement.
i. The First Party will get the Complaint under 500 of Code of Criminal Procedure, 1973 bearing no. 59 of 2022, Shyamlal Narang Vs. Shefali and Ors., pending before the CJM ACJM MJM AMJM- Hanumangarh District HQ, Hanumangarh, Rajasthan filed by father of the First party against the Second Party, withdrawn or quashed by getting appropriate application filed before the appropriate Court/Forum, within 10 days of signing of this Settlement Agreement.
j. The First Party will get the Civil Suit under 40 of Specific Relief Act bearing no. 560 of 2022, Ashwini Narang vs. Shefali, pending before the Additional Civil Judge (Senior Division), Civil Court, Panchkula, Haryana filed by brother of the First Party against the Second Party, withdrawn within 7 10 days of signing of this Settlement Agreement.
k. That both the parties, within one month of the order of the Hon’ble Supreme Court disposing of the above said Special Leave Petition, will move application before the ld. Trial Court, Spl Sessions Judge Family Court, Labour Court Complex HQ, Ganganagar, Rajasthan, under section 13 B of the Hindu Marriage Act, 1955 for grant of divorce by mutual consent.
l. That, in view of the marriage irretrievably broken, both the parties would request the Hon’ble Supreme Court to grant them permission to move both the first and second motion, in their petition for mutual divorce under section 13 B of the Hindu Marriage Act, 1955, together or without any delay between the first and the second motion, directing the ld. Trial Court, Spl Sessions Judge Family Court, Labour Court Complex HQ, Ganganagar, Rajasthan, to dispose of the same expeditiously.
8. That the full and final settlement amount of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) by way of D.D. along with the gold chain and kada (bracelet) will be handed over by the First Party (Husband) to the Second Party (Wife) before the Hon’ble Supreme Court at the time of hearing and disposal of the present Special Leave Petition (Crl.) No. 6086 of 2022.
9. That both the parties have further agreed and resolved not to initiate any further civil/criminal or other proceedings before any court/forum or authority after the execution of this settlement agreement.
10. That both the parties undertake that henceforth, they would not interfere in the life of each other by any means, directly or indirectly, himself/herself or through any of the family members, relatives or friends and would not do any act which would be offensive to the other; and further undertake that henceforth they shall not file any proceedings, civil and/or criminal against each other and/or against the family members, relatives of the either party; and the parties undertake to abide by the terms of the present settlement agreement.
11. That in terms of the present Settlement Agreement, the parties have settled all their claims and affirm that they have no other or further claims or demands against each other including maintenance, or any movable or immovable property and all the disputes and differences have 8 been settled by the parties hereto through the present Settlement Agreement.
12. The both the parties agree to comply with the terms and conditions outlined in the Settlement Agreement, which were established through the mutual and voluntary consent of all parties, free from any coercion, duress, or collusion.
13. That both the parties shall extend full cooperation to each other in execution of all the terms and conditions of this settlement agreement and shall maintain peace and harmony between them.
14. That the parties shall also make a joint prayer that the present settlement agreement be made a part of the order passed by the Hon’ble Supreme Court of India.
15. That both the parties are fully committed to honor each and every term and condition of this agreement and any breach of any obligation herein contained or violation of any terms of settlement herein contained by any party hereto, shall be liable for action by the Hon’ble Supreme Court against the party at fault and the party aggrieved shall have the right to remedy the breach by approaching the Hon’ble Supreme Court for enforcing the terms of settlement.
16. That the parties have agreed to undertake before the Hon’ble Supreme Court of India that they shall abide by all the terms and conditions set out in the present settlement agreement, which have been arrived at without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth and in case any party fails to abide by the terms and conditions mentioned hereinabove, other party may initiate contempt proceedings before the Hon’ble Supreme Court of India.
17. That the parties have read and understood each and every word of terms and conditions of the present settlement agreement and have agreed, accepted and consented thereafter to present/send/furnish the duly signed (digitally) hard copy of the same to the Mediation Centre of the Hon’ble Supreme Court of India or send it in PDF form at the official email of the Centre, as this settlement has been reached after participation/interactions/deliberations done in presence of respective counsels in the mediation sessions conducted by way of video conferencing, due to both the parties living abroad and it being very difficult for both the parties to be present at the Mediation Centre physically and sign the Settlement Agreement.
18. That the parties are accordingly signing this settlement 9 agreement, to authenticate their will to comply the same as agreed above.”
3. Consequently, the petitioner and respondent no.2 have filed a joint application for direction (IA No.76228/2025) to invoke Article 142 of the Constitution of India and prayed that in terms of the said settlement all the pending proceedings between the parties be quashed and an order of granting decree of divorce by mutual consent be passed as they cannot live together anymore and they are living separately since May 2019 and there is absolutely no chance of reconciliation of their marriage which has broken down irretrievably. As per settlement an amount of Rupees fifteen lakh along with gold ornaments [a gold chain and gold kada(bracelet)] have already been handed over to the respondent no.2- wife which is admitted by the wife and there is no further claim of the wife on the husband or vice versa.
4. In such circumstances, we allow the prayers of the parties in exercise of our jurisdiction under Article 142 of the Constitution of India and direct that there shall be a decree of divorce by mutual consent between the petitioner – Komal Narang and the respondent no.2 – Shefali/Shefali Sachdeva. The terms of settlement shall be made a part of the decree.
5. All the cases and the proceedings/F.I.R. mentioned in the said settlement stated above, are hereby quashed in view of the settlement between the parties.
106. Let decree be drawn up expeditiously. The Registry shall intimate this order to the respective Courts, in which proceedings are pending, that the proceedings in the aforesaid cases stand quashed.
7. The present petition along with IA No.76228/2025 shall stand disposed of.
8. Pending application(s), if any, shall also stand disposed of.
...................J. [SUDHANSHU DHULIA] ...................J. [K. VINOD CHANDRAN] New Delhi;
May 14, 2025.
11ITEM NO.1 COURT NO.11 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). 6086/2022
[Arising out of impugned final judgment and order dated 01-09-2021 in SBCRLM(Pet.) No. 1842/2020 passed by the High Court of Judicature for Rajasthan at Jodhpur] KOMAL NARANG PETITIONER(S) VERSUS STATE OF RAJASTHAN & ORS. RESPONDENT(S) Date : 14-05-2025 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE K. VINOD CHANDRAN For Petitioner(s) Mr. Amol Chitale, Adv.
Mr. Sarthak Sharma, Adv.
Mrs. Pragya Baghel, AOR For Respondent(s) Mr. Milind Kumar, AOR Mr. Saurabh Ajay Gupta, AOR Mr. Nishant Bishnoi, Adv.
UPON hearing the counsel the Court made the following O R D E R The present petition along with IA No.76228/2025 shall stand disposed of in terms of the signed order, which is placed on the file.
Pending application(s), if any, shall also stand disposed of.
(NIRMALA NEGI) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR