The court exercised its power under Article 142 to dissolve the marriage by mutual consent and quash all related legal proceedings.

ORDER :

Heard the learned counsel appearing for the parties.

2. We have perused the settlement agreement dated 12th December, 2024 executed between the parties.

3. In terms of the settlement, a Demand Draft for Rs. 31,00,000/-(Rupees Thirty One Lakhs only) drawn in favour of the wife and also a diamond ring as full and final settlement of all claims have been handed over by the learned counsel for the respondent-husband to the learned counsel appearing for the petitioner- wife, who is duly authorised to receive the same. The wife is connected through video conferencing and has requested that her lawyer may receive the same.

4. An application (IA No. 294677/2024) has been filed by the learned counsel for the husband praying for dissolution of marriage and quashing/terminating all other proceedings between the parties by enforcing this Court’s power under Article 142 of the Constitution of India.

5. Learned counsel appearing for the parties prayed for dissolution of marriage by a decree of divorce by mutual consent by enforcing this Court’s power under Article 142 of the Constitution of India and for quashing of all the proceedings pending between the parties/their family members.

6. Considering the facts and circumstances of the case, in our view, this is a fit case to dissolve the marriage between the parties solemnized on 16th February, 2021 and grant a decree of divorce invoking this Court’s power under Article 142 of the Constitution of India.

7. Accordingly, we pass the following order:

(i) The marriage solemnized on 16th February, 2021 between Moushumi Poddar and Neeraj Kumar is hereby dissolved by a decree of divorce. Decree be drawn accordingly.

(ii) All the legal proceedings as referred below (details of which are given in paragraph 6 of the application) pending between the parties against each other/their family members stand quashed and disposed of in terms of this order.

“a. HMA Case No. 654/2022, titled Neeraj Kumar V. Moushumi Poddar before the Learned Principal Judge, Family Courts, Yamunanagar at Jagadhri; AND

b. FIR bearing No. 281/2022 registered under Sections 498A, 377, 509, 406 and 34 of the Indian Penal code, 1860, along with Section 4 of the Dowry Prohibition Act, 1961, pending before Court of the Learned Judicial Magistrate, 5th Court Sealdah, West Bengal; AND

c. Maintenance Case No. 137/2023, titled Moushumi Poddar v. Neeraj Kumar, pending before the Learned 2nd Judicial Magistrate, Sealdah, Kolkata, West Bengal; AND

d. Case No. 27/2023 under Section 12 of the Protection of Women from Domestic Violence Act 2005, pending before the Learned 6th Judicial Magistrate, Sealdah, Kolkata, West Bengal; AND

e. CRR No. 905 of 2024, titled Chunni Lal and Ors. v. State of West Bengal and Anr.

f. CRR No. 3932 of 2024, titled Neeraj Kumar alias Neeraj Kumar Rahi v. State of West Bengal and Anr.”

8. It goes without saying that both the parties will continue to abide by the terms of the settlement without any exception.

9. We record our appreciation for the reasonable stand taken by the parties as well as the cooperation extended by their respective learned counsel.

10. The Settlement Agreement dated 12th December, 2024 shall form part and parcel of this order.

11. Registry is directed to forward a copy of this order to the forums/courts concerned.

12. In view of the above facts, the IA No. 294677/2024 is allowed.

13. Accordingly, the transfer petitions are disposed of.

14. Pending application(s) shall stand disposed of in the above terms.