Supreme Court - Daily Orders
Sarthak Sahni vs Somya Anand on 23 August, 2023
Bench: Hrishikesh Roy, Sanjay Karol
IN THE SUPREME COURT OF INDIA
CIVIL/CRIMINAL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No(s).444/2023
SARTHAK SAHNI Petitioner(s)
VERSUS
SOMYA ANAND Respondent(s)
WITH
Transfer Petition(s)(Criminal) No(s).106/2023
O R D E R
Heard Mr. Vipin Anand, the learned counsel appearing for the petitioner (husband). Also heard Mr. Himanshu Shekhar Tripathi, learned counsel appearing for the respondent (wife).
2. The parties have amicably reached at a settlement of their matrimonial dispute and the terms of settlement are seen from the Settlement Agreement dated 18.05.2023 recorded in the Supreme Court Mediation Centre.
3. Thereafter, the first motion before the Family Court, Bareilly was moved, where the following order was passed:-
“05.07.2023 Today this petition was presented with 4 K Signature Not Verified affidavit of 5 G Ke Sadar Munsirag report.Digitally signed by Neetu Khajuria Date: 2023.08.25
Report has been observed. 17:11:51 IST Reason:
The present petition has been presented by the petitioners Somya and Sarthak (wife and 1 husband) for divorce by mutual consent under Section 13-B of the Hindu Marriage Act. Both parties are present. It was stated that the present petition is presented with mutual consent. The petition should be presented in the form of an original suit. Reconciliation / Settlement as per the provisions of Section 13-B of Hindu Marriage Act, the papers for this should be presented on date 26/07/2023.
Present for arbitration / settling the marriage between the parties on the basis of conciliation agreement on the said date.” “05.07.2023 The petition was presented under Section 13B of the Hindu Marriage Act and under this the first application has been presented for fixing the date soon. It is known from the observation that both the parties got married on 26.06.2021 and the parties are living separately from 05.11.2021. An agreement has been reached between the parties in the Mediation Center of the Hon’ble Supreme Court, in compliance of which the petition has been presented. Along with the application for curtailment of 06 months, Mrs. Bandhana Goyal vs. Prashant Goyal Miscellaneous Petition No. 4882 / 2022 has been filed, in which the opinion of Amardeep Singh vs. Harveen Kaur has been made the basis of the Hon’ble Supreme Court. It has been submitted by the parties that there is no possibility of reconciliation between the parties. Therefore, there is sufficient basis for giving exemption in the time period of 06 months. Hence the application is accepted. Register the petition. About disposal date 26.07.2023.”
4. The learned counsel for the petitioner has a demand draft ready as the second installment for a sum of Rs.8 lakhs and the demand draft is being handed over today itself in Court by the learned counsel for the petitioner to the learned counsel for the respondent.
5. The learned counsel for the parties then submitted 2 that except the two FIRs i.e, FIR No. 0034/2022 and FIR No. 0375/2022, other cases have already been closed/disposed of.
6. Noticing the mutual settlement, we order for closure/quashment of the two cases arising out of the following two FIRs:-
a. FIR No. 0034/2022 u/s 498A, 506 of IPC and 3 & 4 Dowry Prohibition Act, P.S. Prem Nagar, Bareilly, U.P. against the petitioner-husband and his other relatives.
b. FIR No. 0375/2022 u/s 341, 504 and 506 of IPC, P.S. Prem Nagar, Bareilly, U.P. against the petitioner-husband and his other relatives.
7. Having considered the submissions of the learned counsel and the averments made in the relevant documents filed yesterday by the petitioner, we, now, deem it appropriate to order for closure of the present proceedings in terms of the settlement dated 18.05.2023. The parties are expected to abide by the settlement terms.
8. The Transfer Petitions are disposed of accordingly. Pending applications, if any, also stand disposed of.
...................J. (HRISHIKESH ROY) ...................J. (SANJAY KAROL) New Delhi AUGUST 23, 2023.
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ITEM NO.2 COURT NO.6 SECTION XI
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)(Civil) No(s).444/2023 SARTHAK SAHNI Petitioner(s) VERSUS SOMYA ANAND Respondent(s) (IA No. 35682/2023 - EXEMPTION FROM FILING O.T., IA No. 69087/2023
- PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES AND IA No. 35680/2023 - STAY APPLICATION) WITH T.P.(Crl.) No. 106/2023 (II) (IA No. 36099/2023 - EX-PARTE STAY, IA No. 36102/2023 - EXEMPTION FROM FILING O.T. AND IA No. 69140/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 23-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Vipin Anand, Adv.
Ms. Shriya Maini, AOR Mr. Rajive Maini, Adv.
For Respondent(s) Mr. Himanshu Shekhar Tripathi, AOR UPON hearing the counsel the Court made the following O R D E R The Transfer Petitions are disposed of in terms of the signed order.
Pending applications, if any, also stand disposed of.
(RAVI ARORA) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR
(signed order is placed on the file) 4