2009(7) Supreme 265
SUPREME COURT OF INDIA
R.V. Raveendran and G.S. Singhvi, JJ.
Harpreet Singh Popli and others — Petitioners
versus
Manmeet Kaur Popli and another — Respondents
Transper Petition (Crl.) No. 27 of 2009
Decided on : 10-11-2009
Facts of the Case :
Present Transfer Petitions have been filed by husband, and his relatives for transfer of criminal case arising out of FIR No.443/2008 pending in Court of Chief Judicial Magistrate, Meerut and by the wife, for transfer of divorce case being H.M.A. Petition No. 51 of 2009, pending in the Court of District Judge, Tis Hazari Courts, Delhi to Family Court, Meerut.
Findings of the Court :
In terms of deed of settlement/compromise deed husband has paid a sum of Rs.13,50,000/- to the wife towards full and final settlement by way of permanent alimony/maintenance etc. Keeping in view the fact that there is no chance of reconciliation between parties and it is not possible for them to live together as husband and wife and also the fact that they have amicably settled all their disputes and are keen to put a quietus to all litigations between them so that they may live peacefully hereafter, held proper to entertain their joint prayer for grant of a decree of divorce by mutual consent and also for quashing the proceedings initiated by the wife. Proceedings initiated by the wife, against the husband and his family members were quashed-Transfer petitions were disposed of.
ORDER
1. By this order, we are disposing of the aforementioned transfer petitions, one of which has been filed by the husband, Shri Harpreet Singh Popli and his relatives for transfer of criminal case arising out of FIR No.443/2008 pending in the Court of Chief Judicial Magistrate, Meerut and the other has been filed by the wife, Smt. Manmeet Kaur for transfer of divorce case being H.M.A. Petition No. 51 of 2009, pending in the Court of District Judge, Tis Hazari Courts, Delhi to Family Court, Meerut.
2. Shri Harpreet Singh Popli and Smt. Manmeet Kaur were married at Delhi on 26.8.2007. They have no issue from the marriage. Within few months of the marriage, serious differences arose between the husband and wife, which led to filing of several civil and criminal proceedings, the details of which are set out hereunder: Proceedings initiated by the wife :
i. FIR being No. 443/2008 (Crime No. 564/2008) dated 30.10.2008, registered in the Police Station Kankar Khera, Meerut, U.P., pending before the Chief Judicial Magistrate, Meerut, Uttar Pradesh on the complaint of petitioner, against the respondent and his family members;
ii. Proceedings under Section 125 Cr.P.C., being Application No. 514 of 2008, titled as “Manmeet Kaur v. Harpreet Singh”, pending in the Family Court, Meerut, U.P.;
iii. Proceedings under Domestic Violence Act being Application No. 997/9/2008, titled as “Manmeet Kaur v. Harpreet Singh”, pending in the Court of ACJM(4), District Courts, at Meerut, U.P.;
iv. Complaints filed with Delhi Commission for Women, dated 13.01.2009 and 02.02.2009;
v. Complaint dated 30.01.2009, filed with Chief Minister, Delhi and Department of Law, Justice and Legislative Affairs, Govt. of NCT of Delhi, against the father of the respondent;
vi. Complaint dated 28.01.2009, written to Senior Police Officials, against the respondent and his family members; and
vii. Transfer Petition being T.P.(Civil) No. 342 of 2009, titled as “Manmeet Kaur v. Harpreet Singh” before the Hon’ble Supreme Court of India.
Proceedings initiated by the husband :
i. Transfer Petition being T.P.(Criminal) No. 27 of 2009, titled as “Harpreet Singh and others v. Manmeet Kaur and others.” Before the Hon’ble Supreme Court of India; and
ii. Divorce proceedings being H.M.A. No. 51 of 2009 titled as “Harpreet Singh v. Manmeet Kaur” before the Tis Hazari Courts, Delhi.
3. During the pendency of these petitions, the parties filed I.A. No.3/2009 with the prayer that the transfer petitions be disposed of in terms of the compromise/settlement arrived at between them on 13th June, 2009 and the criminal proceedings arising out of FIR No. 443/2008 (Crime No. 564/2008) pending in the Court of Chief Judicial Magistrate, Meerut may be quashed. A photostat copy of the deed of settlement/compromise deed dated 13th June, 2009 has been filed with the I.A. and marked as Annexure-A. After some time, the parties filed two more applications being I.A. No.5/2009 and I.A. No.6/2009. In I.A. No.5/2009, which is supported by the affidavits of the husband and wife, an additional prayer has been made for quashing of all the proceedings between the parties. I.A. No.6/2009 is an application under Section 13-B of the Hindu Marriage Act, 1955 (for short ‘the Act’) for dissolution of marriage by mutual consent. The same is also supported by the affidavits of the husband and wife.
4. We have heard learned counsel for the parties and perused the record of the two transfer petitions and I.A. Nos. 3 to 6 which, as mentioned above, are supported by the affidavits of the husband and wife. It is an agreed position that in terms of the deed of settlement/compromise deed dated 13th June, 2009, the husband has paid a sum of Rs.13,50,000/- to the wife towards full and final settlement by way of permanent alimony/maintenance etc. It is also agreed that the parties have handed over articles mentioned in Schedules I and II attached with Annexure-A.
5. Keeping in view the fact that there is no chance of reconciliation bet
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