Supreme Court - Daily Orders
Megha Nagpal vs State Of Haryana on 21 January, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(@ Special Leave Petition (Crl.) No. 8619/2024)
MEGHA NAGPAL ...APPELLANT(S)
VERSUS
STATE OF HARYANA & ANR. ….RESPONDENT(S)
O R D E R
Leave granted.
2. Being aggrieved by order dated 26.02.2024 passed by the High Court of Punjab and Haryana at Chandigarh in CRM-M No. 10068/2024, the appellant, who is the wife of respondent no.2 (hereinafter referred to as “the parties”) has preferred this appeal.
3. During the pendency of this petition/appeal, by order dated 29.07.2024, the parties were referred to the Supreme Court Mediation Centre.
4. Learned senior counsel for the respective parties submitted that the parties have arrived at a settlement of all their disputes before the Supreme Court Mediation Centre and Signature Not Verified Digitally signed by the NEETU SACHDEVA Date: 2025.01.28 12:26:11 IST terms of settlement have been crystalised by way of Reason: Settlement Agreement dated 20.11.2024. 1
5. Learned counsel for the respective parties submitted that the parties have decided to separate and seek dissolution of their marriage by a decree of divorce by mutual consent; that they have agreed to certain terms and conditions with regard to custody, guardianship and visitation rights qua their children keeping in mind the welfare of the children; that there have been an exchange of two flats and certain sums of money between the parties; that the parties have no other claims as against each other. In the circumstances, the Settlement Agreement may be taken on record. They further submitted that the parties have been living apart for about eighteen months; that they have filed a joint application under Article 142 of the Constitution of India read with Section 13B(1) of the Hindu Marriage Act, 1955 and have also filed an application for dispensation of the statutory period under Section 13B(2) of the said Act. They submitted that the applications may be considered and the marriage between the parties may be dissolved by a decree of divorce by mutual consent.
6. The parties are present before this Court. They have been identified by their respective senior counsel and counsel.
7. When queried by this Court, they stated that they have indeed arrived at a settlement of all their disputes and have 2 decided to part ways and seek dissolution of their marriage by a decree of divorce by mutual consent on the terms of settlement arrived at between them before the Supreme Court Mediation Centre; that they have arrived at the said decision on their own free will, without there being any coercion or undue influence from any side. They further stated that they would abide by the terms of the settlement that have been arrived at between them. They also stated that having regard to their joint application filed before this Court, their marriage may be dissolved by a decree of divorce by mutual consent.
8. In the above backdrop, we have taken on record the Settlement Agreement dated 20.11.2024 and we have perused the same. We find that the terms of settlement are lawful and there is no legal impediment in accepting the same. In the circumstances, we accept the Settlement agreement as well as the terms of settlement arrived at between the parties.
9. We have also perused the joint application filed under Article 142 of the Constitution of India read with Section 13B(1) of the Hindu Marriage Act, 1955 as well as the application filed under sub-section 2 of Section 13B of the said Act. On perusal of the same, we find that having regard to the intention to the parties to seek dissolution of their marriage by a decree of divorce by mutual consent, we take on 3 record the said applications and on perusal of the same, we dissolve the marriage between the parties which was soleminsed on 06.05.2011 by a decree of divorce by mutual consent by allowing the application filed under sub-section 2 of Section 13B of the Hindu Marriage Act, 1955.
10. Consequently, the joint application filed by the parties under Article 142 of the Constitution of India read with Section 13B(1) of the Hindu Marriage Act, 1955 also stand allowed.
11. It is also necessary to note that there have been other matters which are pending between the parties. In view of the aforesaid order, the following cases, namely, (1) CR No.2108 of 2024 titled “Megha Nagpal v. Akshay Nagpal before the Hon’ble High Court of Punjab and Haryana at Chandigarh and (2) Guardianship Case No.115 of 2023 titled “Akshay Nagpal v. Megha Nagpal before the Ld. Additional Principal Judge, Family Court, Gurugram also stand disposed of in terms of the settlement arrived at between the parties.
12. As far as FIR No.109 dated 12.10.2023 filed under Section 506 of the Indian Penal Code, 1860 (IPC) registered at DLF-II, Gurugram and charge sheet dated 06.01.2024 under Section 506 read with Section 34 of the IPC as well as the consequential criminal proceedings arising from the said FIR stand quashed 4 qua the appellant herein.
13. Registry to draw a decree in the aforesaid terms. The terms of Settlement shall form and be read as part and parcel of this order.
14. Consequently, the impugned order passed by the High Court is set aside.
15. The Appeal is disposed of in the aforesaid terms.
16. Pending application(s), if any, shall stand disposed of.
………………………………………………………J. [B.V. NAGARATHNA] ………………………………………………………J. [SATISH CHANDRA SHARMA] NEW DELHI JANUARY 21, 2025 5 ITEM NO.13 COURT NO.8 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 Petition(s) for Special Leave to Appeal (Crl.) No(s). 8619/2024 [Arising out of impugned final judgment and order dated 26-02-2024 in CRM-M No. 10068/2024 passed by the High Court of Punjab & Haryana at Chandigarh] MEGHA NAGPAL Petitioner(s) VERSUS STATE OF HARYANA & ANR. Respondent(s) IA No.141105/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.141107/2024-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 141105/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 141107/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 21-01-2025 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Ajay Tewari, Sr. Adv.
Mr. Abhimanyu Tewari, AOR Mr. Amitabh Tewari, Adv.
Ms. Eliza Bar, Adv.
Mr. Sidhant Awasthy, Adv.
Mr. Siddhant Saroha, Adv.
For Respondent(s) Mr. Samar Vijay Singh, AOR Mr. Birendra Bikram, D.A.G. Ms. Sabarni Som, Adv.
Mr. Aman Dev Sharma, Adv.
Mr. Fateh Singh, Adv.
Mr. Saurabh Mishra, Sr. Adv.
Ms. Mumtaz Bhalla, AOR Ms. Simran Kaur, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Appeal is disposed of in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(NEETU SACHDEVA) (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)
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