Supreme Court - Daily Orders
Shanu Bhamri vs Astha Sharma on 8 May, 2017
Bench: Kurian Joseph, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.) No. 410 OF 2016
SHANU BHAMRI AND ANR Petitioner(s)
VERSUS
ASTHA SHARMA AND ANR Respondent(s)
O R D E R
The parties approached this Court in a transfer petition. Finding that there are several litigations between the parties, an attempt was made by this Court to see whether a settlement is possible. On 16.01.2017, this Court passed the following order :-
“Pursuant to our order dated 07.12.2016, the parties are present in the Court today.
We asked Mr. R. Basant, learned senior counsel, who is sitting in Court today, as to whether he could be the mediator in the matter, for which the learned senior counsel has graciously accepted. Post the matter tomorrow i.e. on 17.01.2017.” On 17.01.2017, the following order was passed :- Signature Not Verified Digitally signed by JAYANT KUMAR ARORA
“Thanks to the intervention of Mr. R. Date: 2017.05.15 17:02:22 IST Reason: Basant, learned senior counsel, on the request of this Court, it is heartening to note that the parties have decided 2 to amicably settle their disputes. The terms of settlement have been drafted and a copy of which has been submitted to us for perusal.
The learned counsel on both sides pray that the matter may be listed on 01.02.2017 since some of the terms are to be worked out during the interregnum.
As prayed for, list on 01.02.2017. All litigation pending between the parties shall remain stayed until further orders.
The parties are also directed not to initiate fresh proceedings between them without permission from this Court.” On 01.02.2017, the following order was passed :-
“Thanks to the intervention of Shri R. Basant, learned senior counsel, on the request of the Court, it is heartening to note that the parties have decided to settle their disputes amicably. The terms of settlement drawn in the presence of Shri R. Basant, learned senior counsel, have been furnished for our perusal. We direct the parties to file the terms of settlement in this Court.
Today, it is reported that in terms of the settlement the entire ornaments have been handed over to the respondent/wife and she has recorded her satisfaction. The remaining terms of the settlement have to be worked 3 out on or before 08.05.2017. Post this matter on 08.05.2017. The parties are at liberty to make a mention in case they are able to otherwise work out the terms before the said date.
We record our appreciation for the earnest efforts taken by Shri R. Basant, learned senior counsel.” Both the parties are present in Court today. Mr. R. Basant, learned senior counsel, submits that the entire disputes between the parties have been settled. The parties have also filed joint terms of settlement, duly signed by both the parties and their respective counsel.
Since the disputes have been amicably settled between the parties, we are of the view that it is in the interest of justice and for securing the ends of justice that the litigations, civil and criminal, between the parties should also be put to an end to.
Accordingly, we order the following :-
S. No. Case No Decision
(a) Criminal Case arising from QUASHED
FIR No. 159/14 State of M.P.
Vs. Ankit Jham & Ors. pending before the Court of Judicial Magistrate First Class Bhopal ((RT No. 8318/2014)(498A/34 4 and Section 3&4 of the Dowry Prohibition Act)
b) Case No. 824/2016 titled as QUASHED Astha Sharma Vs. Ankit Jham & Ors. Pending before Judicial Magistrate First Class, Kawardha, District Kabirdham Chhattisgarh (U/s 420, 467, 468, 471/34 IPC) C) Case No. 64/2015 Astha Sharma QUASHED Vs. Ankit Jham & Ors. Pending before Judicial Magistrate First Class, Kabirdham Kawardha (CG). (Section 12 Domestic Violence Act)
d) RCS No.688A/2014 Ankit Jham DISMISSED AS Vs. Astha Jham pending INFRUCTUOUS before Principal Judge, Family Court, Bhopal, M.P.
e) Civil Suit No. 35-A/2015 DISMISSED pending before Family Court, Kabirdham, Chhattisgarh (Section 13 Divorce Petition) In terms of the settlement, the husband and wife have filed a joint application under Section 13B of the Hindu Marriage Act, 1955, requesting this Court 5 also to invoke our jurisdiction under Article 142 of the Constitution of India.
Having interacted with the parties and having regard to the prolonged litigations between the parties and also having regard to the fact that they have been living separately for more than three years, we are of the view that this is a case where we can exercise our jurisdiction under Article 142 of the Constitution of India for doing complete justice.
Accordingly, the application is allowed. The marriage between Ankit Jham and Astha Sharma is dissolved by way of divorce by mutual consent.
In view of the above, the transfer petition is disposed of.
The joint application under Section 13B of the Hindu Marriage Act and the terms of settlement shall form part of this order.
We record our appreciation for the earnest efforts taken by Shri R. Basant, learned senior counsel for settling the disputes between the parties.
.......................J. [ KURIAN JOSEPH ] .......................J. [ R. BANUMATHI ] New Delhi;
May 08, 2017.
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ITEM NO.49 COURT NO.7 SECTION XVIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Criminal) No(s). 410/2016
SHANU BHAMRI AND ANR Petitioner(s)
VERSUS
ASTHA SHARMA AND ANR Respondent(s)
(with appln. (s) for ad-interim ex-parte stay and exemption from filing O.T. and office report) with CRL. M.P. No. 8538 of 2017 (application for transposition of Respondent No. 2 as Petitioner No.3) Date : 08/05/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Mayank Kshirsagar, Adv.
Mr. Aditya Mishra, Adv.
Mr. Sunil Kumar Mishra, Adv.
Mr. Balaji Srinivasan, Adv.
For Respondent(s) Mr. Akshat Shrivastava, Adv.
Ms. U. N. Goyal, Adv.
UPON hearing counsel the Court made the following O R D E R CRL. M.P. No. 8538 of 2017 - application for transposition of Respondent No. 2 as Petitioner No.3 is rejected.
The transfer petition is disposed of in terms of the signed order.
Pending interlocutory applications, if any, stand disposed of.
(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar (Signed order is placed on the file)