1. Matrimonial dispute involving criminal complaints under Sections 498-A, 406, and 506(i) IPC and petitions for divorce and maintenance. (Para 4 , 9 )
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2022 Supreme(SC) 1445
SUPREME COURT OF INDIA
Dinesh Maheshwari, Aniruddha Bose, JJ.
T. Madhalaimuthu & Ors. – Appellants
Versus
The Inspector of Police & Anr. – Respondents
Criminal Appeal No. 730 of 2022 (Arising Out of SLP (Crl.) No. 7915 of 2021)
Decided On : 02-05-2022
Important Points
The court can invoke its powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and quash criminal proceedings based on a settlement agreement.
Subject
Family Law - Divorce and Settlement
Act Referred
Headnote
Divorce - Settlement Agreement - Divorce Act, 1869 - Sections 10A, 13 - Criminal Procedure Code, 1973 - Section 482 - Domestic Violence Act, 2005 - Section 125 - Indian Penal Code, 1860 - Sections 498-A, 406, 506(i) - [SUMMARY OF ACTS AND SECTIONS]
Fact of the Case:
The parties were involved in various disputes and criminal proceedings, including a divorce petition, domestic violence petition, and criminal complaints. They entered into a Settlement Agreement to resolve all disputes and sought a decree of divorce by mutual consent under Article 142 of the Constitution of India.
Finding of the Court:
The court accepted the settlement agreement and granted a decree of divorce by mutual consent, quashed criminal proceedings, and annulled all other cases filed by the parties. The court appreciated the efforts made by the parties and their advisers in reaching an amicable settlement.
Issues: Disputes between the parties, criminal proceedings, divorce by mutual consent, quashing of criminal cases, settlement agreement
Ratio Decidendi: The court invoked its powers under Article 142 of the Constitution of India to grant a decree of divorce by mutual consent and quash criminal proceedings based on the settlement agreement entered into by the parties.
Final Decision: The appeal was disposed of, and all pending applications were also disposed of. The settlement agreement was accepted, and the parties were directed to abide by their obligations without exception.
Legal Category Hierarchy
- family law
- crime and sentencing
- constitutional law
- practice and procedure
Advocates appeared:
Mr. T. Harish Kumar, Advocate, Dr. Joseph Aristotle S., Advocate, Ms. Nupur Sharma, Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kumar Mahara, Advocate, Mr. Amol Chitale, Advocate, Mrs. Pragya Baghel, Advocate, Counsel for the Appearing Parties.
Mr. T. Harish Kumar, Advocate, Dr. Joseph Aristotle S., Advocate, Ms. Nupur Sharma, Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kumar Mahara, Advocate, Mr. Amol Chitale, Advocate, Mrs. Pragya Baghel, Advocate, Counsel for the Appearing Parties.
Table of Contents
2. Parties submitted that all disputes were amicably resolved via a settlement agreement and prayed for quashing of criminal proceedings and divorce by mutual consent. (Para 3 , 9 )
3. The court found the settlement acceptable and determined it just to invoke Article 142 to grant divorce and quash criminal proceedings to ensure complete justice. (Para 11 )
4. The court may invoke Article 142 of the Constitution to grant a decree of divorce by mutual consent and quash criminal proceedings based on an amicable settlement. (Para 11 )
5. Marriage dissolved by mutual consent; criminal proceedings quashed; financial settlements and property transfers directed as per the settlement agreement. (Para 13 , 15 )
6. Can the court invoke Article 142 of the Constitution to grant a divorce by mutual consent and quash criminal proceedings?
Yes, where parties have amicably resolved all disputes through a settlement agreement, the court may invoke Article 142 to grant a decree of divorce by mutual consent and quash related criminal proceedings to do complete justice. (Para 11 )
7. What is the effect of a comprehensive settlement agreement on pending criminal proceedings for matrimonial cruelty and breach of trust?
When parties resolve all disputes and the court finds the settlement just and proper, it may quash criminal proceedings arising from FIRs alleging harassment and breach of trust to facilitate a peaceful separation. (Para 11 , 13 )
8. Under what conditions can a court transfer a pending divorce petition from a Family Court to itself to grant a decree?
The court may transfer a pending petition for divorce by mutual consent to itself and grant the prayer therein by invoking its extraordinary powers under Article 142 of the Constitution to ensure a comprehensive resolution of all disputes. (Para 11 , 13 )
ORDER
1. Leave granted.
2. The appellant No. 2 and the newly added appellant i.e., appellant No. 3, Mr. Selin Raja @ Maria Selin Raj have attended the proceeding by video conferencing. Respondent No. 2, Ms. Lawrence @ F. Lawrence Antonia has also joined the proceedings by video conferencing. The parties are identified by their respective counsel.
3. Learned counsel for the parties have drawn our attention to the Settlement Agreement dated 23.03.2022 entered into at Chennai as also the joint application for directions (I.A. No. 64871 of 2022) supported by affidavit of both the appellant No.3- husband and respondent No. 2-wife; and have submitted that all the ongoing disputes between the parties having been amicably resolved, appropriate and necessary orders be passed in this regard. The parties attending the proceedings in virtual mode have also agreed to terms of the Settlement Agreement dated 23.03.2022.
4. Brief facts are that the marriage between the appellant No. 3-husband and the respondent No. 2-wife was solemnized on01.02.2009; and they were blessed with two minor daughters. Disputes having arisen between the parties, the respondent No. 2-wife filed an FIR bearing number 06 of 2011 dated 11.06.2011 at W-18, All Woman's Police Station, Pulianthope under Sections 498-A, 406 and 506(i) IPC alleging physical and mental harassment, breach of trust and intimidation by the appellant No. 3-husband and appellant Nos. 1 and 2, the parents-in-law, along with 5 others, which led to C.C. No. 4 of 2020 on the file of Additional Mahila Court, Egmore, Chennai.
5. The appellant Nos. 1 and 2 preferred Crl. O.P. No. 1627 of 2013 before the High Court of Judicature at Madras, seeking the orders for quashing the proceedings in C.C. No. 4 of 2020. However, the same was dismissed by the High Court by its order dated 28.07.2021.
6. Aggrieved by the dismissal of Crl. O.P. No. 1627 of 2013, the appellant Nos. 1 and 2 preferred a petition seeking special leave to appeal before this Court. When the matter came up before this Court on 29.10.2021, it was submitted by learned senior counsel for the appellants that in order to show their bona fides, the appellants had prepared a Demand Draft in the sum of Rs. 40,00,000/- (Rupees Forty Lakhs only), payable to respondent No. 2. While issuing notices to the respondents, it was directed that the said Demand Draft be deposited in the Registry of this Court. Further, by the order dated 24.01.2022, validity of the said Demand Draft was ordered to be extended by a period of three months. As per the office report, the validity of the said Demand Draft is now coming to an end on05.05.2022.
7. On 29.04.2022, in order to do complete justice in this matter, this Court allowed I. A. No. 64869 of 2022 for impleadment of the son of appellants as party to these proceedings.
8. An application for directions (I.A. No. 64871 of 2022) has been filed wherein it is pointed out that the mediation between complainant and the appellant No. 3 (wife and husband) has ended successfully on 23.03.2022. Accordingly, the Settlement Agreement was entered into and signed by the parties at the Madras High Court Mediation Centre on 23.03.2022.
9. While placing on record the terms of agreement, the appellants have prayed for quashing of the criminal proceedings taken up at the instance of the complainant-respondent No. 2. It is also pointed out that the parties have otherwise proceeded in terms of the Settlement Agreement and have also moved a petition under Section 10A of the Divorce Act, 1869 for divorce by mutual consent; and pray for the dissolution of their marriage on terms and conditions stipulated in the Settlement Agreement dated 23.03.2022 and to grant a decree of divorce by mutual consent under by invoking our powers under Article 142 of the Constitution of India.
10. The Settlement Agreement between the parties reads as under: -
"SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT ["AGREEMENT"] ENTERED INTO AND EXECUTED AT CHENNAI ON THIS THE
