Supreme Court - Daily Orders
Mohit Yadam vs State Of A.P.. on 10 January, 2014
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ITEM NO.MM-5 COURT NO.4 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).9195/2009
(From the judgement and order dated 13/11/2009 in CRLP No. 346/2009 of The
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD)
MOHIT YADAM & ANR. Petitioner(s)
VERSUS
STATE OF A.P.& ORS. Respondent(s)
(With applications for stay, permission to file additional documents and
office report)
WITH SLP(Crl) NO. 432 of 2010
[MOHIT YADAM & ANR. V. SUSHMA POTU & ANR.]
(With application for exemption from filing official translation, stay and
permission to file additional documents and office report)
[FOR FINAL DISPOSAL]
Date: 10/01/2014 These Petitions were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE A.K. PATNAIK
HON’BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
For Petitioner(s) Mr. Rakesh Munjal, Sr. Adv.
Ms. Promila, Adv.
For Respondent(s)
Ms. B. Sunita Rao, Adv.
Ms. D. Bharathi Reddy, Adv.
UPON hearing counsel the Court made the following
O R D E R
Leave granted.
Permission to file additional documents is granted. Pursuant to mediation at the Supreme Court Mediation Centre, the parties have arrived at a memorandum of compromise.
Clause 1 of the ’Terms and Conditions’ of the Memorandum of Compromise stipulates that the marriage between Mohit Yadam and Dr. Sushma Potu shall be dissolved with immediate effect by mutual consent by divorce. We are told that O.P. No. 1202 of 2012 for dissolution of the marriage is pending before the Family Court, Hyderabad. The parties will appear before the Family Court at Hyderabad on 4th February, 2014. The Principal Judge of the Family Court at Hyderabad will decree the divorce on mutual consent in view of the memorandum of compromise. A copy of the memorandum of compromise will also be filed before the Family Court, Hyderabad to enable it to pass the decree of divorce.
Clause 2 of the ’Terms and Conditions’ of the compromise stipulates that DVC NO.163 of 2008 and Crime No. 423 of 2008 which are the subject matter of SLP(Crl) No. 9195 of 2009 and 432 of 2010 will be quashed. We quash the aforesaid two criminal proceedings pending before the appropriate Court and the sureties who had furnished the bail bonds in the two cases stand discharged.
Clause 3 of the ’Terms and Conditions’ of the compromise provides that CC No. 999/2008 pending in the Court of the Chief Judicial Magistrate, Nagpur be quashed. The aforesaid matter is not pending before this Court in any Special Leave Petition. Mohit Yadam who has filed this complaint will take steps before the Chief Judicial Magistrate, Nagpur to withdraw the aforesaid complaint and the Chief Judicial Magistrate will pass orders dropping the case.
Clauses 4, 5, 6 7 and 8 of ’Terms and Conditions’ are extracted herein below:-
"4. The Party of the First Part assures that neither she nor her family members filed any case or cases against the party of the Second part and his mother either in India or in Australia except the cases referred above and further undertake that if any such case is pending they shall withdraw the same and shall not file any cases in future against the party of the Second Part and his mother. Similarly, the party of the Second Part assures that neither he nor his family members have filed any case against the party of the first part and further undertake that if any such case is pending they shall withdraw the same and shall not file any cases in future in India or in Australia.
5. The Party of the First Part has no claim of Return of Streedhana as she has already taken back all her belongings given by the parents and relatives of the First Party under acknowledgement dated 13.5.2006.
6. The party of the second part agreed to pay a total sum of Rs. 19 Lakhs, towards permanent alimony, child maintenance and as full and final settlement of all claims arising out of their matrimonial relationship. The party of the second part shall arrange for getting fixed deposit of a sum of Rs.14 lakhs in the name of the minor child, Siri as guardian be the mother Dr. Sushma Potu at Hyderabad, Andhra Pradesh at State Bank of India, Amberpet Branch, Hyderabad, where the Party of First Part holds a Savings Bank Account, until the child attains the age of majority. The party of the first part shall be the sole guardian of the child. The party of First Part shall been entitled to use the interest on the said amount towards the education and maintenance of the child. A Demand Draft of Rs. 5 lakh in favour of Dr. Sushma Potu shall be prepared. The Party of the Second Part shall hand over such demand draft and Fixed Deposit Receipt in Hon’ble Supreme Court, at the time of recording the Compromise and disposal of the Special Leave Petitions and all pending cases in various courts. If for any reasons, any part of the compromise between the parties hereto remains unaddressed at the Hon’ble Supreme Court of India, fixed deposits and demand draft in favour of Dr. Sushma Potu shall be deposited in the Hon’ble Supreme Court of India and the party of the First Part shall be entitled to receive the same on withdrawal, quashing and finalisation of all pending cases filed by her, as agreed to herein above.
7. The party of the First Part shall be the sole custodian of the minor child Siri and shall be responsible for the proper maintenance, education and well being of the minor child. The party of second part waives his right of visitation in respect of their minor daughter Siri.
8. Both parties shall not make any claim whatsoever, against each other in future either on their own behalf and on behalf of their minor daughter either under Indian law or under Australian law, to which the party o the Second Part is subject to as a citizen. The Party of the First Part shall not have claim of maintenance past, present or future, against the Party of the Second Part or his assets."
The parties will comply with the aforesaid Clauses 4, 5,6,7 and 8 of the ’Terms and Conditions’ of the Compromise. The parties will also comply with other terms and conditions mentioned in the remaining clause of the Compromise Deed.
These matters be listed on 10th February, 2014.
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