Supreme Court - Daily Orders
Satyaki Sen vs Ratula Sen on 12 September, 2019
Bench: A.M. Khanwilkar, Dinesh Maheshwari
1
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRL.) NO(S).177/2019
SATYAKI SEN PETITIONER(S)
VERSUS
RATULA SEN & ORS. RESPONDENT(S)
O R D E R
1. We are informed by the counsel for the parties that the parties have amicably settled all the disputes and have reduced the settlement terms into writing in the form of Memorandum of Understanding dated 20.07.2019, taken on record and which reads thus :
“MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into at KOLKATA (India) on this 20th day of July ’2019 between Mr. Satyaki Sen, S/o. Sh. Siddhartha Sen, R/o A302, Shaurya Apartments, Sector62, NOIDA201301, P.S. Sector 58, District Gautam Budh Nagar, Uttar Pradesh (India), herein after referred to as the FIRST PARTY;
AND Ratula Sengupta, D/o. Sh. Indrajit Sengupta, R/o. H.No. G1288, 1st Floor, Chittaranjan Park, P.S. Chittaranjan Park, New Delhi 110019. Also at 14E, Dhakuria Station Road, P.S. Lake, Kolkata 700031 (India), hereinafter referred to as the Signature Not Verified SECOND PARTY. Digitally signed by CHARANJEET KAUR Date: 2019.09.19 AND WHEREAS the marriage between the parties was 17:04:26 IST Reason: solemnized as fixed by the parents of both the sides on 20.11.2011, at Nuddea House, 20 Bright Street, Kolkata 700019, Kolkata as per Hindu Rites and Ceremonies. The 2 marriage was Registered on 25/11/2011 at Marriage Registration Office, Noida, District Gautam Budh Nagar, Uttar Pradesh (India) having SR. No. 278 of 2011.
AND WHEREAS the parties due to differences in their behavior, thinking and likings etc. could not pull their married life and as such, the parties are living separately from eachother since 07.02.2012. Both the parties have not resided as husband and wife even for a single day between the said period of separation.
AND WHEREAS the parties engaged in bitter and hostile litigations for their respective difference and grievances since 2012 and there remains no scope for them to continue in their marriage.
AND WHEREAS it is only with the best efforts and attempts made by the relatives, mutual friends and acquaintances of the family of the parties that the Parties have agreed to forgive and forego their past differences and move forward in life by arriving at a mutual settlement whereby and where under they have agreed to part ways on the terms stated hereinafter.
AND WHEREAS the First Party agrees to pay Second Party total sum of Rs. 5,00,000/ (Five Lakhs Only) in full & final settlement towards her entire claims of jewellery, dowry articles/stridhan, maintenance for the past, present and future, permanent alimony, marriage expenses, pendentelite expenses, expenses of all nature(s), and any other claim(s) and the Second Party hereby gives accent for the same. The amount as stated above in the para includes the sum of Rs.1,34,000/ (Rupees One Lakh Thirty Four Thousand Only) already deposited with the Court of 7th Judicial Magistrate at Alipore in Case No. C 15572 of 2014. NOW, THEREFORE, THIS MEMORANDUM OF UNDERSTANDING WITNESSETH AS UNDER:
That the parties have mutually decided to file a joint application under Article 142 of the Constitution of India before the Hon’ble Supreme Court of India to quash the matters filed against eachother or against the family members. The parties further undertakes to make a prayer before the Hon’ble Supreme Court of India to grant them divorce as the divorce proceedings between the parties is pending long. They also undertakes to give consent for withdrawal of the respective cases, which are pending before the Ld. Alipore Court, Kolkata, West Bengal. It is agreed by 3 the First Party that he shall pay a sum of Rs. Rs.3,66,000/ (Three Lakhs Sixty Six Thousand Only) by way of Demand Draft in the name of Second Party i.e. “Ratula Sengupta” before the Hon’ble Supreme Court at the time of hearing before the Hon’ble Court, in case the prayer(s) made by the parties in the joint Application filed under Article 142 of the Constitution of India by the Hon’ble Supreme Court of India is allowed and shall have no objection if the Second Party withdraws the sum of Rs.1,34,000/ (Rupees One Lakh Thirty Four Thousand Only) already deposited with the Court of 7th Judicial Magistrate at Alipore in Case No. C15572 of 2014.
The list of cases are as follows :
Sr. Court No. Particulars Filed By Against Provision(s)
No. Place of the cases Whom of
Law
1. 3rd JM, Case No. CGR Ratula Sen Satyaki Sen, U/s. 498/
Alipore, 5010/2012 Rupa Sen 406 I.P.C.
Kolkata. (Lake PS Case and and 3 & 4 D.
No. Siddhartha P. Act
360/2012) Sen
2. 7th JM, Case Ratula Sen Satyaki Sen, U/s 125
Alipore, No.140/14 Cr.P.C.
Kolkata. Maintenance
Case
3. 7th JM, Case No. Ratula Sen Satyaki Sen D.V.Act
Alipore, C and others
Kolkata. 15572/2014
4. 11th ADJ, Case No. MAT Satyaki Sen Ratula Sen Section 9
Alipore, 71/2014 HMA
Kolkata.
5. 11th ADJ, Case No. MAT Ratula Sen, Satyaki Sen Section 13
Alipore, SUIT No. HMA
Kolkata. 53/15
6. 13th ADJ, Case No. MAT Satyaki Sen Ratula Sen Section 13
Alipore, SUIT No. HMA
Kolkata. 104/2018
Case
Transferred
from Gautam
Budh Nagar,
U.P. to
Alipore,
Kolkata
4
7. CJM/3rd JM, Criminal Satyaki Sen Indrajit Sen U/s 323,
Alipore, Complaint Gupta 506 IPC
Kolkata. Case No.
534/2013
Case
Transferred
from Gautam
Budh Nagar,
U.P. to
Alipore,
Kolkata
8. CJM/3rd JM, Criminal Satyaki Sen Indrajit Sen U/s 323,
Alipore, Complaint Gupta, 452, 506 IPC
Kolkata. Case No. Ranjeeta Sen
786/2013 Gupta,
Case Oindrila Sen
Transferred Gupta and
from Gautam Ratula Sen
Budh Nagar,
U.P. to
Alipore,
Kolkata
9. CJM Criminal Case RanjeetaSen Satyaki Sen U/s 420,
GautamBudh No. Gupta 468, 504,
Nagar, U.P. 20951/2018 465, 471,
PS. Sector58, 500 IPC
Noida.
10 7th JM, Case No.MEX Ratula Sen Satyaki Sen, Execution of
Alipore, 54/2017 and Interim
Kolkata. MEX Maintenance
55/2017
Execution of
Interim
Maintenance
11 Bankshal I.T. Case Ratula Sen Satyaki Sen I T Case U/s
Court CASE/FIR and 66, read with
Kolkata No. 22/2017 Indrajit Sen 43 of I T Act.
Dt. Gupta 2000 and
06/02/2017 read with
Under Sec.
Investigation 419/465/471
IPC
12 Calcutta Civil Case No. Ratula Sen Satyaki Sen Application.
High Court, 2897/2018
Kolkata
13 18th ADJ,
Alipore, Criminal Satyaki Sen Ratula Sen Appeal
Kolkata Appeal No.
145 /2018
5
That no property belonging to the First Party is in the custody of Second Party, her parents, sisters, or any other relative(s) and friend(s). Second Party has no claim of any nature whatsoever against the First Party, save the sum of Rs. 5 lakhs as stated herein.
That no property belonging to Second Party is in the custody of the First Party, his parents, or any relative(s) and friend(s). First Party has no claim of any nature whatsoever against the Second Party.
That the Second Party does not have any other monetary claim of any nature whatsoever against the First Party, save the sum of Rs. 5 lakhs as stated herein and in any case relinquishes every or any other claim she might possibly have against the First Party unless specifically mentioned herein.
That in case the Hon’ble Supreme Court refuses to entertain the joint application under Article 142 of the Constitution of India then both the parties shall accommodate eachother by giving consent for quashing/withdrawal of the respective cases mentioned in para 1 hereinabove.
That the parties hereby mutually undertakes to obtain a decree of divorce by mutual consent for dissolution of their marriage and for the same file an Application under Section 13B of the Hindu Marriage Act, 1955 before the Hon’ble District Court at Alipore, Kolkata, West Bengal where the proceeding for divorce proceedings are pending since long. The First Party undertakes to deposit a sum of Rs. 3,66,000/ (Three Lakhs Sixty Six Thousand Only) by way of Demand Draft in the name of Second Party i.e. “Ratula Sengupta” before the Hon’ble Family Court, Alipore, Kolkata, West Bengal at the time of recording of the statement in the mutual Consent Divorce petition under Section 13(B)(1) of HMA.
After passing of the appropriate order(s) in First motion of the mutual divorce petition, the parties shall file a joint petition/application for quashing/withdrawing of the criminal/ civil cases as mentioned in Para No. 1 before the respective Hon’ble High Court(s)/Concerned Court. It is agreed between the parties that the Second Motion under Section 13(B)(2) of HMA shall be filed before the concerned Family Court after filing of appropriate petitions for quashing/withdrawal before the respective Hon’ble High Court(s)/Concerned Court.6
The Parties shall file necessary application for waiver of the cooling period and expeditious disposal of the said Section 13B Petition.
That after the statements of the Second Party recorded under Section 13 (B) of HMA before the concerned Family Court, First Party shall not have any objection for releasing of the Demand Draft in the name of Second Party for Rs.3,66,000/ (Three Lakhs Sixty Six Thousand Only) to the Second Party by the Concerned Family Court, which the First Party has deposited at the time of recording of the statement in the Mutual Consent Divorce Petition under Section 13(B)(1) of HMA before the Concerned Family Court and shall have no objection if the Second Party withdraws the sum of Rs.1,34,000/ (Rupees One Lakh Thirty Four Thousand Only) already deposited with the Court of 7 th Judicial Magistrate at Alipore in Case No. C 15572 of 2014.
The Parties shall ensure that each of them are present to record the evidence under section 13B of the Act. That in case, the Second Party shall not comply with the terms and conditions as aforesaid, the First Party shall have the right to withdraw the said Demand draft for the sum of Rs.3,66,000/ (Three Lakhs Sixty Six Thousand Only) from the Concerned Family Court, and shall have the right to cancel the Demand Draft and that the Second Party shall have no objection for the same. That in case, the First Party shall not comply with the terms and conditions as aforesaid, the Second Party shall have the right to withdraw the said demand Draft for the sum of Rs.3,66,000/ (Rupees three lakhs sixty six thousand) only and shall have the right to appropriate the sums thereof and that the First Party shall have no objection for the same.
That the parties further undertake that they shall not file any case, complaint, or maintenance case, petition, civil or criminal, against each other or involving their respective family members of any nature whatsoever in future. If any, case, complaint, or maintenance case and petition is/has been filed by any of the party against each other, the same shall be deemed to be withdrawn.
That the parties shall not spread bad name about each other or their respective family members name in the Society. IN WITNESS WHEREOF, THE PARTIES TO THIS MEMORANDUM OF UNDERSTANDING HAVE CAUSED THE MEMORANDUM OF UNDERSTANDING TO BE 7 EXECUTED AS OF THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN.
WITNESSES:
Sd/
1. First Party
2. Sd/ Second Party”
2. A joint prayer is made by the counsel for the parties on behalf of their respective clients for disposing of the transfer petition and all proceedings pending between the parties on terms and conditions specified hereinabove, as recorded in the Memorandum of Understanding.
3. As per understanding arrived at between the parties, a demand draft amounting to Rs.3,66,000/- (Three Lakhs Sixty Six Thousand Only) in the name of the respondent No.1 is made over by the counsel for the petitioner-husband to the counsel for the respondent(s). We also permit respondent No.1 to withdraw the sum of Rs.1,34,000/- (Rupees One Lakh Thirty Four Thousand Only) deposited with the Court of 8 7th Judicial Magistrate at Alipore in Case No. C-15572 of 2014 along with interest accrued thereon, if any.
4. Having regard to above, we are satisfied that the settlement entered into between the parties on 20.07.2019 deserves to be accepted and so also the prayer made for a decree of divorce by mutual consent in exercise of our powers under Article 142 of the Constitution of India.
5. We, accordingly, grant the decree of divorce by mutual consent to the petitioner (Satyaki Sen) and respondent No.1 (Ratula Sen). Their undertakings given in the settlement dated 20.07.2019 are accepted. Accordingly, the marriage between the petitioner (Satyaki Sen) and respondent No.1 (Ratula Sen) solemnized on 20.11.2011 stands dissolved in terms of the aforesaid Memorandum of Understanding.
6. In view of above, all 13 cases pending between the parties in different Courts, details of which are above-quoted in the list of cases of Memorandum of Understanding, shall stand withdrawn to this Court and are quashed/disposed of.
7. We record and accept the undertaking given by the parties that the parties shall abide by the terms and conditions incorporated in the aforsaid 9 Memorandum of Understanding and shall not initiate any further civil or criminal case against each other and/or their family members with regard to the matrimonial alliance.
8. Resultantly the Transfer Petition is disposed of in the aforementioned terms.
9. We express a word of appreciation for the sincere efforts put in by Shri R.B. Singhal and Shri Jayendra Sevada, learned counsel, who facilitated the parties to settle the matters in the above terms.
..................,J.
(A.M. KHANWILKAR) ..................,J.
(DINESH MAHESHWARI)
NEW DELHI
SEPTEMBER 12, 2019
10
ITEM NO.8 COURT NO.8 SECTION XVI-A
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). 177/2019
SATYAKI SEN Petitioner(s)
VERSUS
RATULA SEN & ORS. Respondent(s)
Date : 12-09-2019 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Jayendra Sevada, Adv.
Ms. Supriya Arora, Adv.
Mr. Rajeev Sharma, AOR For Respondent(s) Mr. R.B. Singhal, Sr. Adv.
Mr. Hira Lal, Adv.
Mr. Surendra Kumar, Adv.
Mr. Vidya Prakash Pathak, Adv.
Mr. Ali Safeer Farooqi, Adv.
Mr. Syed Imtiaz Ali, Adv.
Mr. Aftab Ali Khan, AOR Mr. Suhaan Mukerji, Adv.
Ms. Astha Sharma, Adv.
Mr. Amit Verma, Adv.
Mr. Abhishek Manchanda, Adv.
Ms. Kajal Dalal, Adv.
Mr. Naveen Kumar, Adv.
M/S. PLR Chambers And Co., AOR UPON hearing the counsel the Court made the following O R D E R Transfer petition is disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(NEETU KHAJURIA) (VIDYA NEGI)
COURT MASTER COURT MASTER
(Signed order is placed on the file.)