Supreme Court - Daily Orders
Bharti Verma vs State Of Madhya Pradesh on 10 December, 2024
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.5296 OF 2024
(@ SLP(CRL.) No.5361/2020)
BHARTI VERMA APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH & ANR. RESPONDENT(S)
O R D E R
1. In view of the Mediation Report dated 13.03.2024, the matter has been settled between the parties.
2. For making the aforesaid matter clear, we place on record the para 5 of the Mediation Report as agreed between the parties which reads as under:-
“5 That, after long discussion and taking number of opportunity for proposal of full and final settlement, the following terms and condition is made between the parties.
(1) That the husband Abhishek will pay 5,50,000/-
to wife with full and final settlement towards the Signature Not Verified Digitally signed by SWETA BALODI Date: 2024.12.13 18:01:43 IST Reason: streedhan and permanent alimony. First installment be paid on 15.03.2024 amount 1,50,000/- by way of cheque or demand draft, second installment will be 2 paid on 30.04.2024 amounting Rs.1,00,000/- by cheque or demand draft, and third installment will be paid on 15.06.2024 amounting Rs.1,50,000/- by way of cheque and demand draft and the last installment will be paid by the husband to wife on 30.07.2024 amounting Rs. 1,50,000/- total amount Rs.5,50,000/-.
(ii) That apart from that the husband has already paid Rs. 10,000/- before JMFC Gwalior under the proceeding of domestic violence act since the bank draft is enclosed along with the court order sheet therefore both the draft has now become affectless so the husband will collect the said bank draft from the court amount Rs. 10,000/- and will pay the said 10,000/- by issuing a fresh bank draft to wife forthwith.
(iii) Apart from that both the parties has further agreed that the one silver flower pot (Kalash), bed and silver bunch (Kamar Guccha) and cloths, utensil, silver paijeb will also return by the husband to wife forthwith.
(iv) That one criminal case RCT. No.790/2020 pending before JMFC Mahu Indore in which the Vandana Verma is the complainant and Sher Singh, Rakesh Verma and Bharti Verma was the accused that case is also to be withdrawn by Vandana Verma failing which in the light of this mediation report that criminal case will also treated to be infractuous.
3(v) That, both the parties husband-wife are facing litigation u/s 9 of Hindu Marriage Act and proceeding 125 Cr.P.C and Protection of women from the Domestic Violence Act all the cases shall be withdrawn by the wife herself failing which all these cases are treated to be infractuous in light of this consent mediation report subject to encashment of cheque.
(vi) That, both the parties Bharti Verma and Abhishek Verma has aggrieved that they will request before the Hon'ble Supreme Court for resolving their marriage by passing a decree of divorce.
(vii) That, both the parties has agreed that they will not come against each other either in the civil dispute or criminal dispute on account of their previous marriage or matrimonial relationship and nothing will be claimed against each other towards the dowry goods and permanent alimony.”
3. We are satisfied with the compliance made by learned counsel for the parties. All pending proceedings are closed. There shall not be any fresh proceedings inter se parties.
4. In such view of the matter, by invoking our power under Article 142 of the Constitution of India, there shall be a decree of divorce between the parties in tune of sub-para (vi) of para 5 of the Mediation Report inter se the parties.
Consequently, Sub para (vii) of para 5 shall come into force 4 and both the parties shall not initiate any further proceeding, both civil and criminal.
5. A decree of divorce be drawn up accordingly.
6. The appeal is, accordingly, disposed of.
7. Pending application(s), if any, shall stand disposed of.
……………………………………………………J. [M.M. SUNDRESH] ……………………………………………………J. [ARAVIND KUMAR] NEW DELHI;
10TH DECEMBER, 2024
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ITEM NO.13 COURT NO.9 SECTION II-A
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). 5361/2020
[Arising out of impugned final judgment and order dated 18-02-2020 in MCRC No. 48476/2019 passed by the High Court of Madhya Pradesh at Indore] BHARTI VERMA Petitioner(s) VERSUS STATE OF MADHYA PRADESH & ANR. Respondent(s) (IA No. 210367/2024 - EXEMPTION FROM FILING O.T., IA No. 219723/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 10-12-2024 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. N.K. Mody, Sr. Adv.
Ms. Ishita M. Puranik, Adv.
Mr. Suresh Kumar Bhan, Adv.
Ms. Jigisha Agarwal, Adv.
Mr. Yuvraj Chhabra, Adv.
Mr. Karan Gupta, Adv.
Mr. Praveen Swarup, AOR For Respondent(s) Mr. Pashupathi Nath Razdan, AOR Mr. Abhimanyu Singh, Adv.
Mr. Anurag Singh, Adv.
Mr. Sushil Kumar Sharma, Adv.
Mr. Pahlad Singh Sharma, AOR Mr. Virendra Kumar, Adv.
Mr. Vikas Kakkar, Adv.
Ms. Ankhi Sarkar, Adv.
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 6 order.
Pending application(s), if any, shall stand disposed of.
(SWETA BALODI) (POONAM VAID) COURT MASTER (SH) COURT MASTER (NSH)