Supreme Court - Daily Orders
Hardeep Singh Purba vs The State Of Assam on 6 December, 2021
Bench: Dinesh Maheshwari, Vikram Nath
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1561 OF 2021
(@ SLP(CRL.) NO. 6958 OF 2018)
HARDEEP SINGH PURBA APPELLANT(S)
VERSUS
THE STATE OF ASSAM & ANR. RESPONDENT(S)
ORDER
1. Leave granted.
2. In this matter, challenge is to the order dated 27.04.2018 passed by the Gauhati High Court dismissing a petition filed by the appellant and his parents for quashing F.I.R. No. 891 of 2017 dated 28.04.2017 registered at Police Station, Jorhat, Assam, for offence punishable under Section 498A of the Indian Penal Code. The principal contention of the appellant had been that the said F.I.R.
was, in fact, a second one on the same cause of action for the reason that a day before i.e., on 27.04.2017, the respondent-wife had filed a written complaint at Karaya Police Station, Kolkata, West Bengal, that led to the registration of F.I.R. No. 214 of 2017 in the said police station, (albeit on 29.04.2017), for offences under Sections 498A, 323, 509 read with Section 34 of the Indian Penal Code against the appellant and his parents.
3. On 03.08.2017, a chargesheet in relation to F.I.R. No. 214 of 2017 was filed after finding prima facie case for the offences alleged therein. In relation to the appellant’s challenge to F.I.R.
No. 891 of 2017 at Police Station, Jorhat, Assam, learned Single Signature Not Verified Digitally signed by NEETU KHAJURIA Date: 2021.12.10 Judge of the High Court took the view that the said F.I.R. dated 11:07:24 IST Reason: 28.04.2017 at Jorhat Police Station would be treated as having been 1 filed first, essentially for the reason that the other F.I.R. at Karaya Police Station, Kolkata, even if bearing the date ‘27.04.2017’, was, in fact, registered only on 29.04.2017.
4. In this matter, initially notices were issued by this Court on 31.08.2018 and in the meantime, further proceedings arising out of the said F.I.R. No. 891 of 2017 dated 28.04.2017 were ordered to remain stayed and the petitioner was granted protection against arrest.
5. While the matter remained pending in this Court, it appears that the main parties to the dispute i.e., husband and wife (appellant and respondent herein), have entered into a settlement;
and have reduced the terms of settlement into a deed of agreement dated 03.10.2021, a copy whereof has been placed on record before us. It further appears that pursuant to the said agreement, the parties have also moved an application under Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, seeking dissolution of their marriage by a decree of divorce by mutual consent. The said petition is said to be pending in the Court of District and Sessions Judge, Jorhat bearing No. TS(M) No. 115 of 2021.
6. For the purpose of clarity and specifications, we deem it appropriate to reproduce the contents of Deed of Agreement as under:
“DEED OF AGREEMENT THIS DEED OF AGREEMENT is made this the 03 Day of OCTOBER 2021 by and BETWEEN MRS. RAJNI RAKHRA D/O Sri Bhupinder Singh Rakhra, R/O Gar Ali, P.O. Jorhat, P.S. Jorhat, District Jorhat, 2 Assam herein after called the “FIRST PARTY” of the ONE PART AND SRI HARDEEP SINGH PURBA S/O Sri Kulwant Singh Purba, R/O Flat No. 5B, Sun Plaza Apartment, Roy Para, Kaikhali, Rajarhat, Kolkata, West Bengal and permanent resident of Khamaria, Ranjhi, Jabalpur herein after called the “SECOND PARTY” of the OTHER PART.
AND WHEREAS both the parties are Sikhs by religion and their marriage was registered under the Special Marriage Act at Jorhat on 11.05.2015 followed by solemnization of their social marriage as per prevalent religious rites and rituals under Sikhism in the presence of friends and relatives on 22.06.2015 and accordingly both the First Party and the Second Party began to live together as husband and wife at their residence at the afore said address at Kolkata.
AND WHEREAS after about a year of their marriage certain personal, conflicting and irreconcilable differences cropped up between the parties hereto rendering it utterly impossible for the two of them to get along as husband and wife and despite their utmost efforts to rescue and salvage their dwindling matrimonial relationship their efforts were of no avail. That, subsequently situation having deteriorated beyond all reasonable dimensions the First Party was constrained to estrange herself from the society of the Second Party through mutual discussions between the parties and return to her parental home at Jorhat on 27.04.2017 and has been staying separately away from the society of the Second Party ever since i.e. for almost 4 years now.
AND WHEREAS it is now evident beyond any shadow of doubt to both the parties hereto that their marriage has dwindled, deteriorated and broken down irretrievably and that it is in the interest of both the parties that they should both live separately and run their lives as per their personal choice without any interference whatsoever by the other.
AND WHEREAS the parties hereto interalia acknowledge that there are certain pending cases/litigation in the concerned Courts which the parties had filed against each other on account of misunderstanding and wrong advises received from different sources against the 3 other and the parties hereto upon mutual discussion and understanding between the two undertake to withdraw/get quashed from competent court of law as set forth herein below.
AND WHEREAS having so concluded as aforesaid to live their lives individually and without any interference whatsoever the parties hereto after mutual discussions on certain terms and conditions have decided to incorporate the same in this written Deed of Agreement to avert any future disputes, complications or ambiguity.
NOW THEREFORE THIS DEED WITNESSETH AS HEREUNDER:
1. That both the parties herein declare in their sound mind and without any coercion, force, duress or importunity whatsoever that they shall continue to lead their individual lives independently and separate from each other and without interfering with the life of one another.
2. That it is agreed between both the parties that they will withdraw all the allegations against each other, as they feel it is undesirable to stretch the matter of dispute between both any further. However, this withdrawal of allegations pending before different courts will be subject to filing of mutual divorce petition before competent court of law.
3. That both the parties hereto covenant that they shall within a month of the execution of this agreement approach the appropriate Court of Law for obtaining a decree of divorce for dissolution of their marriage through mutual consent subject to the fact that both the parties shall withdraw the filed cases against each other simultaneously.
Following are the cases which are to be withdrawn by both the parties.
i) Petition No. SLP(CRL) No. 6958/2018 – Filed by Second Party
ii) Jorhat P.S. Case No. 891/2017 u/s 498 (A) of the IPC pending in Jorhat – Filed by First Party.
Iii) Karya P.S. Case No. 214/2017 pending in Kolkata – Filed by First Party.
Apart from above mentioned cases, if any other 4 cases are filed by either of the parties, the same shall also be withdrawn.
Both parties undertake that they shall cooperate in every manner as may be called for or necessitated in the said matter of withdrawal of the cases and obtaining the said divorce.
4. That both the parties hereto declare that they have no manner of grievance against the other and that hence forth and subsequent to the execution of this Deed of Agreement neither of them shall institute any case or suit against the other whatsoever with respect to any matter that in normal course of events arises out of matrimonial obligations or ensues out of their matrimonial bond.
5. That the parties hereto further declare that there are certain personal goods, items and things belonging to the parties hereto which are either personally bought goods, items and things, gifts or Sridhan and which are in the custody of the other. The said personal goods, items and things have been enlisted as Annexure 1 and Annexure 2 respectively herein below. That the parties hereto agree that the items appearing in the list of items appearing as Annexure 1 are the items that belong to the First Party and which are in custody of Second Party and those appearing as Annexure 2 belong to the Second Party and which are now in the custody of the First party.
6. That the list of items mentioned herein as Annexure 1 and Annexure 2 appearing and enclosed at the end of this Deed shall at all times form an integral and inseparable part of this Deed of Agreement.
7. That the parties herein have mutually settled that prior to the filing of the mutual divorce petition by the parties at Jorhat the parties shall meet at Kolkata on a fixed date and all items of the First Party mentioned in Annexure 1, except the gold ornaments, shall be handed over to the First Party by the Second Party in the presence of witnesses and the same shall be recorded in a list and the parties and the witnesses shall upon such handing over of the items put their respective signatures on the said list as an evidence of the said items having been handed over to the First Party to the satisfaction of the First Party. That the parties are in agreement that 5 the gold ornaments either of the First Party or the Second Party shall be handed over to each other at Jorhat at the time of filing of the divorce petition. That furthermore, the parties declare that a substantial number of items of value are locked up inside an Almirah at Kolkata. The parties have settled between themselves that on the very same day the lock of the said Almirah shall be broken in the presence of the parties and their witnesses and both parties shall take custody of their respective items, valuables etc. from the said Almirah/house in the presence of their witnesses. It is agreed between the parties that any items of the First Party be it personal documents, things, items etc. which have not been enlisted in Annexure 1 herein, if found, shall be handed over to the First Party. The said items, documents, things etc. shall be mentioned in a separate list and the parties and the witnesses shall sign thereon as an evidence of the said items, documents, things etc. having been handed over the First Party. The Second Party shall be at liberty to take custody of all other items that do not belong to the First Party.
8. That it is reiterated that the parties shall hand over the gold ornaments enlisted in the Annexures to each other at Jorhat at the time of filing of the mutual divorce petition the receipt of which shall be acknowledged and recorded in writing in a separate list with the parties and their witnesses endorsing their signatures over the same. It shall thereafter be deemed that all matters related to their claims to the said items/belongings/valuables have been settled between the parties in full and to their fullest satisfaction and the matter shall be deemed as closed for all perpetuity. Neither party shall thenceforth raise any manner of claim whatsoever over the said matter in the future.
9. That the parties upon mutual discussions further concur that the second party will pay Rs. 3,00,000/- (Three Lakhs) only as one time full and final settlement of past present and future maintenance, alimony, compensation etc. to the first party on or before the second motion to the mutual divorce proposed to be filed by the two parties as mentioned above. The Second Party undertakes that the Second Party shall to this end issue a valid draft in favour of the First Party for the said amount of Rs. 3,00,000/- (Three Lakhs) only on or before the said second motion. Upon such 6 payment by second party to first party, parties shall deem the same as a matter being settled and nothing shall be due and payable on any account whatsoever on account of past, present or future maintenance, alimony, compensation etc.
10. That both the parties agree and undertake that they shall abide by the terms and conditions of this Agreement and any breach of the covenant conditions herein shall entitle the aggrieved party to take appropriate legal recourse against the other for performance of terms and conditions of this agreement through the concerned Court of law.
ANNEXURE – 1
- List of Items of First Party in the Custody of Second Party:
1. Maruti Baleno Car. (2017 model): WB 26 AT 7112
2. T.V (Sony) – 43’ 2016.
3. Air Conditioner (split) Panasonic.
- FURNITURE:
a) Double bed.
b) Dressing table.
c) Steel almirah.
d) Dining table with 6 chairs.
e) 1(One) – Sofa three seater.
g) 2 (Two) – Sofa single seater.
h) Centre table.
i) 1(One) – settee.
j) 2 (Two) – Side tables.
k) 2 (Two) – Small size chairs.
-GOLD ORNAMENTS:
a) 1(One) kada – Hardeep Singh
b) 1(One) finger ring – Hardeep Singh.
c) 1 (One) chain – Hardeep Singh.
d) 5 Nos. finger rings (1 (One) Father in Law, 1 (One) Brother in law, 2(Two) Mamaji and 1(One) for Jijaji)
e) 1 (One) earring set for Sister in Law.
ANNEXURE – 2 List of items of Second Party in the custody of First Party
1) 1 No. gold engagement ring.
2) 1 pair of gold earrings.
7IN WITNESS WHEREOF both the parties hereto put their hand on the day, month and year here in above first mentioned.
Witnesses
1. Sd/- Sd/-
(First Party)
2. Sd/- Sd/-
(Second Party)”
6. As the parties have already moved a petition seeking decree of divorce by mutual consent, all the other aspects co-related with the proposition of dissolution of marriage, as contemplated in the deed of agreement deserve to be left open for appropriate orders and directions by the said Court of District and Sessions Judge, Jorhat in the said petition bearing No. TS(M) No. 115 of 2021.
7. So far as the present appeal is concerned, we are clearly of the view that no purpose would be served by continuing with either of the proceedings, whether in Jorhat Police Station Case No. 891 of 2017 or in Karaya Police Station Case No. 214 of 2017; and the proceedings in both the cases deserve to be annulled, particularly looking to the fact that the other terms of the agreement between the parties are in the process of crystallizing into the effective relief and resolution as desired, including those of delivery of properties as also payment of the amount as provided for.
8. Therefore, in exercise of powers under Article 142 of the Constitution of India, the proceedings in both the aforesaid F.I.Rs, i.e., No. 891 of 2017 at Jorhat Police Station and No. 214 of 2017 at Karaya Police Station are quashed and all the other aspects are left open for appropriate orders in TS(M) No. 115 of 8 2021. This appeal stands disposed of accordingly.
9. Mr. Nalin Kohli, learned senior counsel appearing for the State of Assam, though has fairly not opposed the proposition of quashing all the proceedings in the said two FIRs but has invited our attention to the questions of law emanating from the fact of this case, particularly as regards the legal status of proceedings in the two F.I.Rs. In the present case, for the parties having arrived at settlement and there being otherwise no reason to allow further proceedings in either of the said F.I.Rs, the question of law is left open, to be examined in an appropriate case.
11. All the pending applications also stand disposed of.
............... J.
(DINESH MAHESHWARI) ............... J.
(VIKRAM NATH) NEW DELHI;
DECEMBER 06, 2021
9
ITEM NO.21 Court 15 (Video Conferencing) 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). 6958/2018
(Arising out of impugned final judgment and order dated 27-04-2018
in CRLP No. 760/2017 passed by the Gauhati High Court) HARDEEP SINGH PURBA Petitioner(s) VERSUS THE STATE OF ASSAM & ANR. Respondent(s) Date : 06-12-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE VIKRAM NATH For Parties Mr. Nalin Kohli, Sr. AAG Mr. Soumya Dutta, AOR Mr. Hrishikesh Baruah, AOR 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.
All the pending applications stand disposed of.
(POOJA SHARMA) (SUNIL KUMAR RAJVANSHI) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (Signed order is placed on the file) 10