Supreme Court - Daily Orders
Adesh Kumar vs State Of Haryana on 8 September, 2014
Bench: Sudhansu Jyoti Mukhopadhaya, Prafulla Chandra Pant
ITEM NO.42 COURT NO.5 SECTION XVIA
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)(Criminal) No(s). 51/2014
ADESH KUMAR & ORS Petitioner(s)
VERSUS
STATE OF HARYANA & ANR Respondent(s)
(with appln. (s) for stay and office report)
CRLMP. NO. 18185, 18186 & 18191 OF 2014
(Appln. For permission to appear and argue in-person and discharge
of advocate and revealing of prayer portion)
Date : 08/09/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA
HON'BLE MR. JUSTICE PRAFULLA CHANDRA PANT
For Petitioner(s)
Mr. Sunil Kumar Jain,Adv.
Mr. Pawanshree Agrawal, Adv.
Ms. Reeta Chaudhary, Adv.
For Respondent(s)
Ms. Bano Deswal, AAG
Mr. Narendra Hooda, Sr. Adv.
Ms. Sukhmani Bajwa, Adv.
Mr. Vineet Malik, Adv.
Mr. Kamal Mohan Gupta, Adv.
Mr. Amit Arjariya, Adv.
Dr. Monika Gusain,Adv.
Mr. Ajit Kumar Pande,Adv.
UPON hearing the counsel the Court made the following
O R D E R
The transfer petition stands disposed of in terms of signed order.
Signature Not Verified Digitally signed by Neeta Sapra Date: 2014.09.20 11:58:49 IST
(Neeta) (Usha Sharma) Reason: Sr. P.A. COURT MASTER (Signed order is placed on the file) 1 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRIMINAL) NO. 51 OF 2014 ADESH KUMAR & ORS Petitioner(s) VERSUS STATE OF HARYANA & ANR Respondent(s) CRLMP. NO. 18185, 18186 & 18191 OF 2014 O R D E R This transfer petition has been preferred by petitioners under Section 406 of Cr.P.C. seeking transfer of Criminal Case No. 439 of 2006 Titled as “State of Haryana & Anr. Vs. Adesh Kumar & Ors.” pending before the learned Additional Chief Judicial Magistrate, Faridabad District Court to District Court at Ghaziabad, U.P. On the request of the learned counsel for the parties, matter was referred to Supreme Court Mediation Centre. By letter dated 2nd June, 2014, the Supreme Court Mediation Centre forwarded a copy of settlement agreement reached between the parties relevant portion of which reads as follows:
“2. The following are the cases/complaints pending before various forums and police station:-
A) FIR No.1038/2013 (case no. 1406/2014) U/s 323, 452, 504 & 506 in P.S. Sihani Gate, Ghaziabad (U.P.) lodged by Anuj Goel brother of First Party.
B) Quashing Petition No. 13425/2007 listed before the Hon'ble High Court Allahabad wherein quashing of the FIR No. 317/06 U/s 498-A/323/34 of IPC and U/s 3 & 4 of Dowry Prohibition Act filed by First Party Aarti.2
C) FIR No. 253/06 under section 325/323/452/34 IPC at Police Station Faridabad Central presently pending trial before JMIC, Faridabad lodged by Second Party Yogesh Singhal. D) Execution Petition No. 261/13 under Section 125 Cr.P.C. Case No. 1212/2012 pending in Ghaziabad filed by First party Aarti.
E) Execution Petition No. 30/25-5-09 under Section 13 of H.M.A. bearing Case No. 44/06 pending before the Family Court at Faridabad filed by First Party Aarti.
F) Revision Petition titled as Yogesh Singhal Vs. Adesh Kumar & Ors. Filed before Addl. Sessions Judge, Faridabad under section 394 Cr.P.C. by Second Party Yogesh Singhal. G) Finally a T.P.(C) No. 51/2014 was filed before this Hon'ble Court by the cousin brother of First Party Adesh Kumar, Anuj Goel (brother of the First Party), Kishore Kumar (Cousin brother) and Aarti First Party against Second Party Yogesh Singhal.
3. That the parties in the following cases have agreed to mediate and the matter was referred to mediation by this Hon'ble Court vide order dated 28.04.2014.
4. Mediation sessions, both joint and private, were held with the parties and their Counsel on 08.05.2014 and today i.e. 10.05.2014.
5. The parties have voluntarily and with their consent arrived at an amicable settlement through the process of mediation on the terms set out hereunder:-
A) That the parties have agreed to get their marriage dissolved by decree of mutual consent in terms of Section 13B of the Hindu Marriage Act, 3 1955. The parties agree to request the Hon'ble Supreme Court to grant such decree under Article 142 of the Constitution of India. However, should the Hon'ble Supreme Court decline to do the same, the parties have agree to file the First Motion under Section 13 B (1) Hindu Marriage Act, 1955 before the appropriate Family Court at Faridabad, Haryana within a period of eight weeks from today and to fiel Second Motion under Section 13 B (2) Hindu Marriage Act, 1955 within one week after the expirty of the statutory period of six months. B) That brother of First Party Anuj Goel, undertakes to file an affidavit before the concerned investigating Officer/concerned SHO for withdrawing and filing of the closure report his complaint lodged vide FIR No. 1038/2013 (case no. 1406/2013) U/s 323, 452, 504 & 506 in P.S. Sihani Gate, Ghaziabad (U.P.) C) That the Daughter (D.O.B.-07/12/2003)Gargi@Ekta will always remain in the custody control & possession of her mother Aarti and the Second Party i.e. Husband Yogesh will never apply for the daughter's custody in future and her father Yogesh Singhal and his family members will have no visitation rights to meet the minor child. D) That the total mutually agreed amount of permanent alimony of Rs.1,50,000 (One lakh & fifty thousands) through Demand Draft will be paid by Second Party Yoesh Singhal to the First Party Aarti at the time of recording the statement/disposal of the Transfer Petition before the Hon'ble Supreme Court of India.
E) The aforesaid settled amount of Rs.1,50,000/- is in lieu of all maintenance of all kinds and all 4 other legal claims of First Party, Aarti and her daughter in full and final settlement and a Demand Draft in the name of “AARTI”. This amount includes all her claims, which are outstanding and payable in the execution petitions as well as in respect of permanent alimony/maintenance and/or Streedhan and/or, cost of dowry articles and/or litigation cost and/or marriage gifts and/or ornaments/articles of any nature and/or personal belongings and/or expenses incurred during marriage and/or other occasions by her and/or her parents and/or her relatives and/or her well wishers or otherwise and/ or any other demand whatsoever.
F) That no issue of return of dowry articles / stridhan or any kind of maintenance is left to be decided between husband & wife and they have settled the same amicably. That the wife & her minor child shall not make further claim/right against any movable or immovable property of husband & his parents in future and/or any permanent alimony, maintenance of any kind, litigation expenses, and/or any sort of marriage and maintenance expenses till their life time in future after this settlement. G) That brother of First Party Anuj Goel will file a quashing petition before the Hon'ble High Court Allahabad for quahsing of the FIR No. 1038/2013 (case no. 1406/2013) U/s 323, 452, 504 & 506 in P.S. Sihani Gate, Ghaziabad (U.P.). The Second Party Yogesh Singhal alongwith his sister Jyoti Gupta will also jointly sign the same and will also appear before the Hon'ble High Court of Allahabad on the date as will be intimated by Anuj Goel. H) That the First Party namely Aarti will file an Urgent application jointly alongwith the Second Party Yogesh Singhal, his father and his two sisters 5 for getting the quashing petition No. 13425/2007 listed before the Hon'ble High Court Allahabad wherein quashing of the FIR No. 317/06 U/s 498-A/323/34 of IPC and U/s 3 & 4 of Dowry Prohibition Act. The Second Party Yogesh Singhal alognwith his family memebrs will also appear before the Hon'ble High Court of Allahabad on the date as will be intimated by First Party Aarti. The First Party will take all requisite steps for getting the aforesaid FIRs quashed and will duly intimate the Second Party the date on which he alongwith his family members need to appear in the Hon'ble High Court Allahabad. The First Party will file the aforesaid two petitions/applications for quashing of the FIR on or before 31.05.2014.
I) That the Second Party will file a quashing petition before the Hon'ble High Court of Punjab and Haryana at Chandigarh for quashing of the FIR No. 253/06 under Section 325/323/452/34 IPC at Police Station Faridabad Central presently pending trial before JMIC, Faridabad. The First Party along with her family members and other accused persons as named in the FIR will also jointly signe the same and will also appear before the Hon'ble High Court of Punjab and Haryana at Chandigarh on the date as will be intimated by Second Party. The Second Party will file the aforesaid quashing petition within ten days after the stay as granted on the aforesaid proceedings will be vacated by the Hon'ble Supreme Court.
J) That the First Party namely Aarti will withdraw all the execution proceedings as pending as on date within two months from the date of signing of the settlement agreement and also further undertakes not to file any other execution proceedings in respect 6 of the maintenance amount awarded in her favour by the respective courts during the proceeding under Section 125 Cr.P.C. and also under Section 24 of H.M.A. K) That the Second Party Yogesh Singhal will withdraw his revision petition as filed by him challenging one of the order passed by Ld. JMIC in FIR No. 253/06 under Section 325/323/452/34 IPC registered at Police Station Faridabad Central within two months from the date of signing of the settlement agreement and also further undertakes not to file any other petition challenging any other order in the said FIR.
6. That both parties will not initiate or launch any legal, matrimonial, civil and criminal proceedings against each other in any manner whatsoever in any court of law, police station, crime women cell etc., throughout in India and if any party would initiate any legal proceedings, the same shall be treated null and void ab initio.
7. That both the parties have amicably settled all their disputes and both parties in sound and disposing mind and under no Fear, Fraud, Influence, Collusion, Coercion or under any force or compulsion. Both the parties are bound strictly to abide by the terms and conditions in this agreement. Any party who denies the above mentioned compromise/agreement will be liable for legal action in accordance to existing laws in force and any illegal step taken by any party against the terms and conditions of the above deed shall be deemed as Contempt of Court.
8. That subject to the aforesaid terms, the parties have resolved all the dispute amicably in relation to the marriage and have been left with no claims 7 against each other or their respective family members.
9. The parties have agreed and undertake not to litigate or raise any claim in future in relation to the marriage against each other or their respective family members.
10. By signing this Agreement 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 before this Hon'ble Court to abide by the terms and conditions set out in the above mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.” Respondent no. 2 Yogesh Singhal husband of petitioner no. 2 submits that Case No. 4213 of 2009 under Section 406 of IPC lodged by petitioners against the respondent no. 2 (husband) and his family members is pending before the Judicial Magistrate. Having heard learned counsel for the parties, we dispose of this transfer petition in terms of the settlement reached between the parties and pass following order:
A) Record of FIR No.1038/2013 (case no.
1406/2014) U/s 323, 452, 504 & 506 in P.S. Sihani Gate, Ghaziabad (U.P.) lodged by Anuj Goel brother of First Party is called for and quashed.
8B) Record of Petition No.13425/2007 and Record of FIR No. 317/06 U/s 498-A/323/34 of IPC and U/s 3 & 4 of Dowry Prohibition Act is called for and are quashed. In effect Petition No.13425/2007 pending before the High Court of Allahabad is made infructuous.
C) Record of FIR No. 253/06 under section 325/323/452/34 IPC at Police Station Faridabad Central presently pending trial before JMIC, Faridabad lodged by Second Party Yogesh Singhal is called for and is quashed. D) Record of Execution Petition No. 261/13 under Section 125 Cr.P.C. Case No. 1212/2012 pending in Ghaziabad filed by First party Aarti is called for and is quahsed.
E) Record of Execution Petition No. 30/25-5-09 under Section 13 of H.M.A. bearing Case No. 44/06 pending before the Family Court at Faridabad filed by First Party Aarti is called for and is quashed.
F) Record of Revision Petition titled as Yogesh Singhal Vs. Adesh Kumar & Ors. Filed before Addl. Sessions Judge, Faridabad under section 394 Cr.P.C. by Second Party Yogesh Singhal is called for and is quashed. 9 The respondent no. 2 Yogesh Singhal husband has handed over a Demand Draft No. 015003 of IDBI Bank dated 6 th September, 2014 in favour of Arti Singhal, petitioner no. 2 (wife) of Rs.1,50,000/- to the learned counsel for petitioner no. 2. Petitioner no. 2 Arti Singhal and respondent no.2 Yogesh Singhal are allowed to file a joint petition under Section 13B of the Hindu Marriage Act before the Family Court, Faridabad for dissolution of marriage by consent. If such petition is filed along with a petition to waive the period of separation, the Family Court will dispose of the said petition and dissolve the marriage in view of the agreement reached between the parties. The transfer petition stands disposed of with aforesaid observation and directions.
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(SUDHANSU JYOTI MUKHOPADHAYA) ………………………………………………………………………..
(PRAFULLA CHANDRA PANT) NEW DELHI;
SEPTEMBER 08, 2014