Supreme Court - Daily Orders
Harish Kumar Banga vs The State Of Punjab on 25 November, 2024
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. 2397 OF 2024
IN
SLP (CRIMINAL) NO. 5884 OF 2023
HARISH KUMAR BANGA PETITIONER(S)/APPLICANT(S)
VERSUS
THE STATE OF PUNJAB & ANR. RESPONDENT(S)
O R D E R
1. Heard Mr. Karan Dewan, learned counsel appearing for the applicant. The State of Punjab is represented by Mr. Karan Sharma, learned counsel. The respondent No. 2 (Swati Bains) is personally present in Court.
2. The applicant has filed the IA No. 236262 of 2024 with the following prayer:
“Pass a decree of dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act 1955 read with Article 142 of the Constitution of India; and”
3. This is a matrimonial dispute between the applicant and the second respondent. The SLP (Criminal) No. 5884 of 2023 filed by the applicant was disposed of on 04.10.2023. Therein, after noting that the applicant is a citizen of New Zealand, this Court permitted him to travel abroad and to return back to India within one year. But if he fails to return back within one year or fails to appear before the trial court on the required dates, Rs.10 lakhs Signature Not Verified Digitally signed by deposited NITIN TALREJA Date: 2024.11.29 in this Court will be handed over to the second 17:25:22 IST Reason:
respondent (Swati Bains).1
4. In the trial court at Hoshiarpur, mediation between parties was conducted on the order of the learned Additional Chief Judicial Magistrate, Hoshiarpur. Thereafter, a settlement was reached amongst the parties and they have signed the settlement agreement dated 21.09.2024 (Annexure P/2). The same is made part of the record of this proceeding.
5. The respondent No. 2 (Swati Bains) is personally present in Court and she submits that she is a qualified dental surgeon but is currently unemployed and she is staying in her parental home at Hoshiarpur. On Court’s query, the respondent No. 2 submits that she has voluntarily entered into the afore-noted settlement on 21.09.2024 and had appended her signature to the settlement document.
6. As can be seen, for the past, present and future maintenance claims, it is agreed that the applicant will pay Rs.16 lakhs to the respondent No. 2 (Swati Bains). The four cases against each other have been disclosed and it is submitted that those can be closed/withdrawn.
7. As of now, Rs.10 lakhs lies in deposit in the Registry of this Court in pursuant to the proceedings in the SLP (Criminal) No. 5884 of 2023. As per the mediation settlement, the applicant is ready with a demand draft (DD No. 246849 dated 21.09.2024 issued by the Punjab National Bank in favour of Swati Bains) for the balance sum of Rs. 6 lakhs. This demand draft is being handed over by the applicant’s counsel to the respondent No.2 and Ms. Swati Bains receives the said demand draft.
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8. The respondent No. 2 has furnished xerox copy of her passbook containing her bank details. The Registry will ensure that the earlier deposited Rs.10 lakhs with accrued interest, is remitted to the Bank account of Ms. Swati Bains (respondent No. 2) without delay.
9. The following four cases by the two contesting parties are ordered to be closed/quashed, in terms of the settlement agreement:
1. The case titled as State vs Sucha Ram Banga etc. vide FIR No.68/09.05.2022 under section 406, 498A IPC registered at P.S Sadar, Hoshiarpur which is pending in the court of Ms. Manpreet Kaur, Addl. Chief Judicial Magistrate, Hoshiarpur.
2. The petition under section 125 Cr.P.C for maintenance titled as Swati Bains vs Harish Kumar Banga, bearing case No.MNT-125/115/2022 pending in the court of Sh. Hira Singh Gill, Addl. Principal Judge, Family Court, Hoshiarpur.
3. The petition under section 9 of Hindu Marriage Act 1955 titled as Swati Bains VS Harish Kumar Banga Case No.HMA/414/2022 pending in the court of Mrs. Ranjeet Kaur, Principal Judge, Family Court, Hoshiarpur.
4. The divorce petition under section 13 of Hindu Mariage Act, 1955 titled as Harish Kumar Banga vs Swati Bains bearing case No.HMA/546/2022 pending in the court of Mrs. Ranjeet Kaur, Principal Judge, Family Court, Hoshiarpur.”
10. The IA No. 236262 of 2024 is accordingly allowed and Miscellaneous Application stands disposed of. In view of the settlement, the SLP (Criminal) No. 5884 of 2023 is taken on Board. The order dated 04.10.2023 in SLP (Criminal) No. 5884 of 2023 is accordingly modified to the aforesaid limited extent. 3
11. Having regard to the above and the settlement reached between the parties, we deem it appropriate to invoke our power under Article 142 of the Constitution and order for dissolution of marriage of Harish Kumar Banga and Swati Bains. A decree of divorce should accordingly be drawn up. The Special Leave Petition by recalling our earlier order dated 04.10.2023, stands disposed of in terms of the IA No. 236262 of 2024 and the Settlement Agreement dated 21.09.2024.
..........................J. (HRISHIKESH ROY) ..........................J. (S.V.N. BHATTI) NEW DELHI;
NOVEMBER 25, 2024.
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ITEM NO.15 COURT NO.4 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 2397/2024 in SLP(Crl) No. 5884/2023
[Arising out of impugned judgment and order dated 04-10-2023 in SLP (Crl) No. 5884/2023 passed by the Supreme Court of India] HARISH KUMAR BANGA Petitioner(s)/Applicant(s) VERSUS THE STATE OF PUNJAB & ANR. Respondent(s) (FOR ADMISSION and IA No.236262/2024-APPLICATION FOR DIVORCE) Date : 25-11-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Karan Dewan, Adv.
Mr. Aakash Gupta, Adv.
Miss Aanchal Jain, AOR For Respondent(s) Mr. Karan Sharma, Adv.
Mr. Mohit Siwach, Adv.
Mr. Harshit Kumar, Adv.
Ms. Ishika Sain, Adv.
Respondent No. 2 (present in person) UPON hearing the counsel the Court made the following O R D E R The IA No. 236262 of 2024 is allowed and Miscellaneous Application stands disposed of in terms of the signed order. The operative part of the order reads as under:
“10. The IA No. 236262 of 2024 is accordingly allowed and Miscellaneous Application stands disposed of. In view of the settlement, the SLP (Criminal) No. 5884 of 2023 is taken on Board. The order dated 04.10.2023 in SLP (Criminal) No. 5884 of 2023 is accordingly modified to the aforesaid limited extent.5
11. Having regard to the above and the settlement reached between the parties, we deem it appropriate to invoke our power under Article 142 of the Constitution and order for dissolution of marriage of Harish Kumar Banga and Swati Bains. A decree of divorce should accordingly be drawn up. The Special Leave Petition by recalling our earlier order dated 04.10.2023, stands disposed of in terms of the IA No. 236262 of 2024 and the Settlement Agreement dated 21.09.2024.” Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)
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