1. Matrimonial dispute — Divorce petition — Criminal complaints including Section 498-A. (Para 3 , 6 )
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2018 Supreme(SC) 62
SUPREME COURT OF INDIA
Dipak Misra, CJI., A.M. Khanwilkar, D.Y. Chandrachud, JJ.
Prashant s/o Ganesh Gawai - Appellant
Versus
State of Maharashtra - Respondent
Criminal Appeal No. 76 of 2018 (Arising out of S.L.P.(Crl.) No. 9568 of 2017)
Decided On : 11-01-2018
Advocates:
Advocate Appeared:
For the Appellants : Rajesh Mahale, Krvtin R. Joshi
For the Respondents: Dushyant Parashar
Advocate Appeared:
For the Appellants : Rajesh Mahale, Krvtin R. Joshi
For the Respondents: Dushyant Parashar
Important Points
The Court permitted the amicable settlement of matrimonial and criminal disputes between spouses, resulting in the dissolution of marriage, payment of permanent alimony, and the quashing of related criminal proceedings and FIRs to put the controversy to rest.
Subject
Criminal Law - Matrimonial Disputes
Act Referred
Headnote
Hindu Marriage Act, 1956 – Section 13 – Divorce granted on parties coming to a compromise about permanent alimony – Consequential directions given. (Para 6)
Legal Category Hierarchy
Table of Contents
2. Agreement to annul marriage and quash criminal complaints — Dispute over quantum of permanent alimony. (Para 3 , 4 )
3. Recording of mutual concessions by parties to resolve matrimonial and criminal disputes through a full and final settlement. (Para 5 , 6 )
4. Matrimonial and criminal disputes may be resolved through mutual settlement involving alimony and quashing of proceedings. (Para 6 )
5. Marriage dissolved — Permanent alimony awarded — Criminal proceedings quashed — Allegations expunged — Future claims waived. (Para 6 )
6. Can criminal proceedings, including those under Section 498-A, be quashed as part of a matrimonial settlement?
Yes, the court may quash criminal proceedings and FIRs registered against a spouse and their family members as part of a comprehensive full and final settlement. (Para 6 )
7. Can the court order the expunging of allegations from matrimonial records?
Yes, the court can order that allegations in petitions be expunged, which prevents parties from obtaining certified copies of the said pleadings. (Para 6 )
8. Can a settlement order include restrictions on the use of photographs on social media?
Yes, the court can direct that neither party shall post photographs of the other in any mode, including social media or online platforms. (Para 6 )
ORDER :
Leave granted.
2. In pursuance of our order dated 15th December, 2017, the appellant-husband and the complainant-wife were personally present on 10th January, 2018.
3. In the course of hearing, the appellant and the complainant-wife submitted without any kind of equivocation that they would like to put the controversy to rest and, therefore, the marriage should be annulled and the appellant-husband should be allowed to pay a substantial sum of alimony towards her maintenance as a full and final settlement and the complaint petition filed by the wife should be quashed.
4. As there was some difference between the parties with regard to the quantum, the matter was adjourned to today.
5. Learned counsel for the parties have discussed with their respective parties and submit that the controversy can be put to an end on certain terms and conditions.
6. Recording the concession given by the appellant-husband and the complainant-wife, who are present in the Court and hearing their respective counsel, we dispose of this appeal with the following directions:-
(a) The marriage between the appellant, Prashant Ganeshrao Gawai and the complainant-wife, Nupur Bhagat, stands dissolved.
(b) The appellant shall pay a sum of Rs. 37,00,000/- (Rupees thirty-seven lacs only) to the wife towards permanent alimony and all other dues in full and final settlement by way of bank draft in the name of the wife within two months hence.
(c) The criminal proceedings which have arisen because of lodging of F.I.R. No.32/2016 dated 25.01.2016, registered at Chhawni Police Station, Aurangabad and F.I.R. No.416/2017 dated 6.09.2017, registered at Sadar Police Station, District Nagpur, shall stand quashed.
(d) If any case relating to matrimonial dispute or any kind of property dispute or any kind of claim or any dispute relating to any kind of criminal liability is pending between them, and further if any crime under Section 498-A has been registered by the wife against Prashant and his family members, that shall also stand quashed.
(e) All allegations in any petition including the divorce petition made against each other by the parties stand expunged from the records. The expunging of remarks would mean no one shall be entitled to get the certified copy of the said pleadings.
(f) The divorce petition preferred by the parties is deemed to have been disposed of and there shall be no future claims by the wife against the husband and vice versa.
(g) Neither the husband nor the wife shall put the photographs of each other in any mode at any place which would also include social media or on-line.
The appeal is disposed of in the above terms.
