ANUSWARYA vs THE INSPECTOR OF POLICE - 2024-01-04

Subject :

BY Supreme Today News Desk,

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O R D E R

1. Leave granted.

2. This Court had referred the matter for mediation on 14th October, 2022. In light of the order passed by this court, the parties to these proceedings approached Hon’ble Mr. Justice N. Kirubakaran, Former Judge, Madras High Court, Sole Mediator. Pursuant to the efforts of the learned Mediator, a settlement was arrived at on 7th February 2023.

3. An oral prayer is made by learned counsel on behalf of the appellant and respondents jointly for a decree of divorce by mutual consent in exercise of powers of this Court under Article 142 of the Constitution of India.

4. The terms of settlement are recorded in the Mediation Report.

5. As per the settlement terms, the respondents have agreed to pay to the appellant, a sum of Rs. 1.25 crores (Rupees One Crore and Twenty Five Lakhs only) as one time full and final settlement.

6. It has also been agreed that HMOP No. 930 of 2021 pending before the Family Court, Madurai which has been transferred and now pending before Sub- Court, Ullundurpet as O.P. No. 13 of 2022, be treated as a petition under Section 13B of the Hindu Marriage Act.

7. It is further agreed that the criminal complaints being Crime No. 60 of 2021 before the All Women Police Station, Thallakulam, Madurai and complaint registered in Crime No. 66 of 2022 on the file of the Inspector of Police, Villupuram West Police Station would not be pressed further by the appellant and would be closed.

8. In the facts and circumstances, we find that it is a fit case wherein this Court should exercise its powers under Article 142 of the Constitution of India and give an end to the marriage between Anuswarya (appellant-wife) and Priyadarshan (respondent-husband), so also quash and set aside all pending proceedings between the parties as mentioned in the settlement terms of the Mediation Report.

9. The statements made by the respective parties before the learned Mediator are taken on record and are treated as an undertaking to this Court.

10. It is not in dispute that the amount of Rs. 1.25 crore has already been received by the appellant.

11. The marriage between Anuswarya (appellant- wife) and Priyadarshan (respondent-husband) is directed to be dissolved on the terms and conditions as mentioned in the Mediation Report.

12. The following proceedings shall stand quashed and set aside:

(i) Criminal Complaint being Crime No. 60 of 2021 before the All Women Police Station, Thallakulam, Madurai; and

(ii) Complaint registered in Crime No. 66 of 2022 on the file of the Inspector of Police, Villupuram West Police Station.

13. The Registry of this Court to draw a decree accordingly.

14. The appeals are allowed in the above terms.

15. Pending application(s), if any, shall stand disposed of.

….........................J

(B.R. GAVAI)

...........................J

(SANDEEP MEHTA)

New Delhi January 04, 2024 ITEM NO.30 COURT NO.3 SECTION II-C 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). 7211- 7212/2022

(Arising out of impugned final judgment and order dated 14-06-2022 in CRLMP(MD) No. 4800/2022 29-12-2021 in CRLOP(MD) No. 21093/2021 passed by the High Court Of Judicature At Madras At Madurai)

ANUSWARYA Petitioner(s)

VERSUS THE INSPECTOR OF POLICE & ORS. Respondent(s)

(IA No. 106479/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 106480/2022 - EXEMPTION FROM FILING O.T., IA No. 106481/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 04-01-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s)

Mr. S. Nagamuthu, Sr. Adv.

Mr. M.P. Parthiban, AOR Ms. Priyaranjani Nagamuthu, Adv.

Mr. R. Sudhakaran, Adv.

Mr. T. Hari Hara Sudhan, Adv.

Ms. Shalini Mishra, Adv.

Mr. Bilal Mansoor, Adv.

Mr. Shreyas Kaushal, Adv.

For Respondent(s)

Mr. Manuraj S., Adv. Mr. M F Philip, Adv.