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.

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: -

"SET