Amit Kumar Gupta vs State Of Uttar Pradesh on 4 March, 2025

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Supreme Court - Daily Orders

Amit Kumar Gupta vs State Of Uttar Pradesh on 4 March, 2025

Bench: Abhay S. Oka

                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION

                                     CRIMINAL APPEAL NO(S).1094 OF 2025
                            (ARISING OUT OF S.L.P. (CRIMINAL) NO(S). 6915/2024)


     AMIT KUMAR GUPTA                                                           APPELLANT(S)

                                                       VERSUS

     STATE OF UTTAR PRADESH & ANR.                                              RESPONDENT(S)

                                                   O R D E R

1. Leave granted.

2. The appellant and the second respondent are present in person in the Court.

3. The learned counsel appearing for the appellant-husband has tendered across the Bar a joint application for seeking direction under Article 142 of the Constitution of India placing on record a Settlement Deed dated 30th September, 2024. The second respondent-

wife appearing in person accepts that she has signed the Settlement Deed dated 30th September, 2024 and her father Shri Sanjeev Gupta has also signed the same. She also states that she has signed an affidavit in support of the joint application. She also accepts that a sum of Rs.20,00,000/- (Rupees Twenty Lakh) over and above the amount of Rs.4,86,000/- (Rupees Four Lakh and Eighty-six Thousand) has been received by her in terms of clauses 3 and 4 of the Settlement Deed.

Signature Not Verified Digitally signed by ASHISH KONDLE Date: 2025.03.18 18:04:48 IST Reason: 1

4. The Settlement Deed records that the marriage between the appellant and the second respondent was solemnized on 28 th April, 2017 and since 10th June, 2017, they have been residing separately.

They have no issue. At present, there are total six proceedings pending between them. Out of which, one proceeding is filed by the father of the second respondent-wife against the appellant-husband.

The details of the pending proceedings between the parties which are mentioned on page nos.13 and 14 of the Settlement Deed, are as under:

i. Case No. 422 of 2017 titled ‘Nandini Gupta vs. Amit Kumar Gupta’ before the Court of the learned Principal Judge, Family Court, Hathras, Uttar Pradesh; ii. Case No.4298/2020 titled as ‘State vs. Amit Gupta and Ors.’ before the Court of the learned Civil Judge, (Junior Division) FTC II, Hathras. (arising from FIR No. 33/2018 P.S. Mahila Thana, Mahamaya Nagar, Hathras);

iii. Case No.142/2023 titled ‘Nandini Gupta vs. Amit Gupta’ before the Court of the learned Principal Judge, Family Court, Hathras;

iv. Case No.64/2023 titled ‘Nandini Gupta vs. Amit Kumar Gupta’ before the Court of the learned Principal Judge, Family Court, Aligarh;

v Case No.227/2024 titled as ‘Nandini Gupta vs. Amit Gupta’ before the Court of the learned Principal Judge, Family Court, Hathras; and 2 vi. Case No.3929/2022 titled as ‘Sanjeev Gupta vs. Amit Kumar Gupta and Ors.’ before the Court of the learned Civil Judge, (Senior Division) FTC, Hathras.

5. We are satisfied that there is irretrievable breakdown of the marriage between the appellant-husband and the second respondent-

wife and, therefore, this is a fit case to exercise our jurisdiction under Article 142 of the Constitution of India, especially when, all the disputes have been resolved amicably by the parties.

6. Accordingly, we pass the following order:

i. The marriage between the petitioner – Amit Kumar Gupta and the second respondent – Nandini Gupta solemnized on 28th April, 2017 is hereby dissolved by a decree of divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955; ii. We set aside the decree passed in Petition No.781/2018 titled as ‘Amit Kumar Gupta vs. Nandini Gupta’ by the learned Principal Judge, Family Court, Aligarh and the said decree is substituted by the decree passed in terms of this order. iii. (1) Case No. 422/2017 titled ‘Nandini Gupta vs. Amit Kumar Gupta’ pending before the Court of the learned 3 Principal Judge, Family Court, Hathras, Uttar Pradesh; (2) Case No. 142/2023 titled ‘Nandini Gupta vs. Amit Gupta’ pending before the learned Principal Judge, Family Court, Hathras, Uttar Pradesh; (3) Case No.64/2023 titled ‘Nandini Gupta vs. Amit Kumar Gupta’ pending before the learned Principal Judge, Family Court, Aligarh, Uttar Pradesh; and (4) Case No. 227/2024 titled as ‘Nandini Gupta vs. Amit Gupta’ pending before the learned Principal Judge, Family Court, Hathras, Uttar Pradesh, are disposed of in view of this order;

iv. Case No.4298/2020 titled as ‘State vs. Amit Gupta and Ors.’ pending before the learned Civil Judge (Junior Division) FTC II, Hathras, Uttar Pradesh, arising out FIR No. 33/2018 Police Station Mahila Thana, Mahamaya Nagar, Hathras, is hereby quashed;

v. Case No.3929/2022 titled as ‘Sanjeev Gupta vs. Amit Kumar Gupta and Ors.’ pending before the learned Civil Judge, (Senior Division) FTC, Hathras, Uttar Pradesh is also quashed;

vi. Clauses 1 to 11 of the Settlement Deed read thus:

“1. That the Parties shall seek dissolution of their marriage by mutual 4 consent and file a joint application for the same before Hon'ble Supreme Court praying for dissolution of their marriage by exercising its powers under Article 142 of the Constitution of India, after performing their respective obligations in accordance with the terms and conditions of the present Settlement Deed.

2. That the First Party has agreed to pay a total sum amount of Rs.20,00,000/- (Rupees Twenty Lacs Only) to the Second Party as full and final settlement towards all her claims arising out of such marriage, including alimony, maintenance, stridhan, etc. (hereinafter referred to as the “Settlement Amount”). This amount is over and above the sum of Rs 4.86 lacs already paid by him as mentioned in preceeding para no.(E) of this agreement.

3. The First Party shall make online transfer of the first instalment of Rs. Rs. 10,00,000/-(Rupees Ten Lacs Only) today. i.e. 30/09/2024.

4. Remaining amount of Rs. 10,00,000/- (Rupees Ten Lacs Only) shall be paid to the Second Party by the First Party on or before 31st March 2025.

5. That neither Party shall hereafter raise any further claim on any account whatsoever including maintenance, stridhan, jewellery, personal belongings etc against each other or their family members. Neither Party shall claim any further amount towards past, present and future compensation from the other Party and/or his/her family members or relatives.

6. That it is agreed that all the claim(s), if any, raised by either Party qua the other Party and/or their family members shall stand extinguished/and both the Parties shall be stopped in law to file any such claim and in case any such claim is filed by either Party, the same shall stand dismissed as withdrawn and shall also tantamount to committing breach of the undertaking given by both the Parties.

7. That Both the parties shall make a joint request before the Hon’ble Supreme Court to dispose/quash the following cases pending between the parties, in view of the settlement arrived at between the parties; and that the father of the Second party being the complainant in the CASE NO. 3929/2022, also has no objection for the quashing of the said Crl case.

i. CASE NO. 422 OF 2017 titled ‘Nandini Gupta Vs. Amit Kumar Gupta’ before the Court of Principal Judge, Family Court, Hathras, Uttar Pradesh (Application for Maintenance -U/s 125 Cr.P.C).

ii. CASE NO. 4298/2020 titled as ‘State Vs. Amit Gupta and Ors.’ u/s 498A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act before the Ld. Civil Judge, (Junior Division) FTC II, Hathras (arising from FIR No. 33/2018 P.S. Mahila Thana, Mahamaya Nagar, Hathras) iii. CASE NO. 142/2023 titled ‘Nandini Gupta Vs. Amit Gupta’ u/s 125(3) Cr.P.C. before the Ld. Principal Judge, Family Court, Hathras.

iv. CASE NO. 64/2023 titled ‘Nandini Gupta Vs. Amit Kumar Gupta’ before the Ld. Principal Judge, Family Court, Aligarh.

v. CASE NO. 227/2024 titled as ‘Nandini Gupta Vs. Amit Gupta’ u/s 127 Cr.P.C. before the Ld. Principal Judge, Family Court, Hathras.

vi. CASE NO. 3929/2022 titled as ‘Sanjeev Gupta Vs. Amit Kumar Gupta and Ors.’ u/s 494, 420, 406, 504 and 506 IPC, before the Ld. Civil Judge, (Senior Division) FTC, Hathras.

8. That the Parties have confirmed that that apart from the abovementioned cases, neither of the parties or their 7 family members have filed any other complaint, petition nor instituted any other proceeding against the each other or their family members.

9.That upon fulfilment of all the terms of the present Settlement Deed, the First Party and the Second Party shall not interfere in the lives of each other in any manner whatsoever including but not limited to personal, oral, written, electronic or telephonic contact and neither Party shall make any allegation against each other and/or their respective family members. Furthermore, the allegations made by both Parties against each other during the course of their matrimonial dispute stand withdrawn and shall be treated as non- est in the eyes of law.

10. By signing this Agreement/Deed, the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of mediation.

11. The Parties undertake to abide by the terms and conditions set out in the abovementioned Agreement, which have been arrived without any coercion, 8 duress or collusion and undertake not to raise any dispute whatsoever henceforth.” vii. While drawing the decree, the aforesaid clauses shall be made a part of the decree. The decree shall be drawn within a period of one month from today.

7. We compliment the petitioner and the second respondent as well as their respective learned counsel for taking a reasonable stand for putting an end to the matrimonial dispute. We also appreciate the role played by Ms. Namita Choudhary, learned Mediator of the Supreme Court Mediation Centre.

8. The Appeal is disposed of on the above terms.

..........................J. (ABHAY S. OKA) ..........................J. (UJJAL BHUYAN) NEW DELHI;

MARCH 04, 2025.

ITEM NO.8                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).   6915/2024

[Arising out of impugned final judgment and order dated 05-03-2024 in CRLR No. 2178/2023 passed by the High Court of Judicature at Allahabad] AMIT KUMAR GUPTA Petitioner(s) VERSUS STATE OF UTTAR PRADESH & ANR. Respondent(s) [MEDIATION REPORT RECEIVED] (IA NO.59162/2025 - PASSING APPROPRIATE ORDER OR DECREE UNDER ARTICLE 142 OF THE CONSTITUTION) Date : 04-03-2025 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s): Mr. Farrukh Rasheed, AOR Mr. Jatinder V. Tomar, Adv.

Mr. Ahmar Shaikh, Adv.

For Respondent(s): Mr. Ashish Sharma, Adv.

Mr. Shalen Bhardwaj, Adv.

Mr. Virender Kumar, Adv.

Ms. Garima Kumar, Adv.

Mr. Ashok Kumar Panigrahi, Adv.

Ms. Lakshmi, Adv.

Mr. Nischal Kumar Neeraj, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

10 The Appeal is disposed of in terms of the signed order. Pending application stands disposed of accordingly.

   (ASHISH KONDLE)                                (AVGV RAMU)
ASTT. REGISTRAR-cum-PS                         COURT MASTER (NSH)

[THE SIGNED ORDER IS PLACED ON THE FILE] 11

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