Supreme Court - Daily Orders
Chintan Ashok Busa vs Mansi Chintan Busa on 25 April, 2022
Bench: A.M. Khanwilkar, Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2022
(Arising from SLP(Crl.) No(s). 8998/2019)
CHINTAN ASHOK BUSA Appellant(s)
VERSUS
MANSI CHINTAN BUSA & ANR. Respondent(s)
O R D E R
Leave granted.
The private parties have resolved all their differences and have decided to give quietus to all the proceedings pending between them before different Courts on the terms and conditions as agreed upon in the settlement terms reproduced in applications being I.A. Nos. 20908 of 2020 and 36769 of 2021. The same shall form part of this order as Annexure ‘X’ and Annexure ‘Y’. The settlement terms and conditions referred to in the accompanying I.As. are taken on record and be deemed to be forming part of this order.
Signature Not Verified
A joint prayer is made by the learned counsel for the Digitally signed by DEEPAK SINGH Date: 2022.05.02 18:16:48 IST parties Reason:
on behalf of their respective clients for disposing of the criminal appeal and all proceedings 2 pending between the parties on terms and conditions mentioned in the joint application and also for dissolution of their marriage under Section 13B(1) of the Hindu Marriage Act, 1955.
We are satisfied that the settlement entered into between the parties deserves to be accepted. Further, to do substantial justice to the parties, we accede to the prayer for a decree of divorce by mutual consent in exercise of plenary powers of this Court under Article 142 of the Constitution of India.
We, accordingly, grant the decree of divorce by mutual consent, as prayed. Undertakings given by the parties in the affidavits dated 16.01.2020 and 06.03.2021 along with applications being I.A. Nos. 20908 of 2020 and 36769 of 2021 are accepted. Accordingly, the marriage between petitioner (Chintan Ashok Busa) and respondent No.1 (Mansi Chintan Busa) solemnized on 06.06.2011 stands dissolved. In view of above, all cases pending between the parties, details of which are given below, shall stand withdrawn to this Court and are quashed/disposed of in terms of this order:3
SR. NO. PARTICULARS COURT
1. Writ Petition No. 2191 of 2018 High Court of Mumbai
2. CC. 3455/PW/2015 bearing C. R. No. 106/2015 Ld. M M’s 24th Court Borivali,
lodged with Malad Police Station. Mumbai
3. CC. 3392/PW/2016 bearing C. R. No.406/2015 Ld. M M’s 26th Court Borivali, lodged with Dahisar Police Station. Mumbai
4. CC. 514/PW/2016 bearing C. R. No. 430/2015 Ld. M M’s 26th Court Borivali, lodged with Dahisar Police Station. Mumbai
5. CC. 63/DV/2015 filed by the Respondent No.1 Ld. M M’s 26th Court Borivali, Mumbai
6. CC. 62/DV/2017 filed by the mother of the Ld. M M’s 26th Court Borivali, Petitioner. Mumbai
7. Petition No. C/71/2015 filed by the Respondent Family Court, Bandra, Mumbai No.1.
8. Petition No. D/83/2015 filed by the Petitioner. Family Court, Bandra, Mumbai
9. Civil Suit No. 635/2017 filed by the Petitioner. City Civil Court at Dindoshi, Mumbai We once again record and accept the undertaking given by the parties that they will abide by the terms and conditions without any exception and that they shall not initiate any further civil or criminal case against each other and/or their family members with regard to the matrimonial alliance.
Resultantly, the applications are allowed and the appeal is disposed of in the aforementioned terms.
Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(ABHAY S. OKA) NEW DELHI;
APRIL 25, 2022.
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ITEM NO.32 COURT NO.3 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). 8998/2019
(Arising out of impugned final judgment and order dated 18-09-2019 in CRLA No. 167/2019 passed by the High Court Of Judicature At Bombay) CHINTAN ASHOK BUSA Petitioner(s) VERSUS MANSI CHINTAN BUSA & ANR. Respondent(s) (IA No. 36769/2021 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A., IA No. 20908/2020 - APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A., IA No. 72454/2020 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 72090/2020 - APPROPRIATE ORDERS/DIRECTIONS AND IA No. 149883/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 25-04-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Parties: Mr. Ashish Chauhan, Adv.
Mr. Sarthak Ghonkrokta, AOR Mr. Prashant K. Kenjale, Adv.
Mr. Ashutosh Chaturvedi, Adv.
Mr. Rakesh K. Sharma, AOR Mr. Aaditya A. Pande, Adv.
Mr. Rahul Chitnis, Adv.
Mr. Sachin Patil, AOR Mr. Geo Joseph, Adv.
Ms. Shwetal Shepal, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed in terms of the signed order. 5 Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file]