IMPORTANT POINT
Divorce – Power under Article 142 of Constitution of India can be invoked to dissolve a marriage that has irretrievably broken down.

ORDER :

1. Leave granted.

2. The above appeal is filed against the rejection of an application under Section 482 of the CRIMINAL PROCEDURE CODE , 1973, wherein the prayer was to quash the entire proceedings in Criminal Case No. IX of 2024 arising out of Case Crime No. 177 of 2023 instituted in the Mahila Thana, District Mathura and pending in the Court of Civil Judge (J.D.)/F.T.C. (C.A.W)/Judicial Magistrate, Mathura. When the matter came up before this Court for hearing on 09.09.2025, the original two appellants and the additional 3rd appellant, impleaded by order of even date and the 2nd respondent, husband and wife, submitted before us that the matter has been settled and certain issues have to be thrashed out, before full compliance is reported by filing a joint application.

3. Today when the matter came up, the husband and wife were present before us. We were told that the matter has been settled and together with the terms of settlement, a joint application has been filed under Article 142 of the Constitution of India seeking dissolution of the marriage. The husband and wife (the third appellant and the second respondent) have agreed to go their independent ways on a final settlement of Rs. 30,00,000/- (Rupees Thirty Lakhs) by the third appellant to the second respondent. We extract hereunder paragraph Nos. 11 to 14 of the joint application and the tabulated chart of various cases pending before the various courts/authorities, instituted by the parties against each other:

11. That the petitioner No. 3 has already made a draft of Rs. 15,00,000/- (Rs. Fifteen Lakh Only) bearing no. 403661 dated 12.12.2025 drawn on Punjab National Bank in favour of Kanishka Singh (wife). Further, the Demand Draft bearing No. 403556 dated 19.05.2025 for Rs. 15,00,000/- (Rs. Fifteen Lakh only) drawn on Punjab National Bank in favour Kanishka Singh (wife) which was returned to the petitioner in terms of Para 9(g) of the final Settlement agreement, is revalidated as on 15.12.2025. True copy of Demand Drafts bearing No. 403661 dated 12.12.2025 & No. 403556 dated 15.12.2025 each of Rs. 15.00 lakhs are filed herewith and marked as Annexure-A-5 (Page 26).

12. That as per the terms of Para 9(a) of the final Settlement Agreement, both the parties have agreed to live separately and mutually settle to dissolve their relationship as husband and wife by filing a joint Petition under Section 13B of the HINDU MARRIAGE ACT before the appropriate court.

13. That vide Para 9(k) of final settlement agreement, it was further agreed among the Petitioners and the Respondents that all the civil and criminal cases filed by them against each other or their family members regarding present matrimonial dispute shall be withdrawn by the parties concerned by taking appropriate steps. That the parties, in the meantime, in view of point 7(f) of the interim settlement, have already file withdrawal/compromise applications, in the cases filed by them against each other.

A list of cases filed by the Respondent No. 2 against the Petitioners, is reproduced hereunder as:

S. No. Case Number Before Pending/Disposed

1. FIR No. 177 of 2023 PS Mahila Thana, Mathura, Uttar Pradesh Pending

2. Case No. 1142 of 2023 Ld. Principal Judge, Family Court, Mathura Pending

3. Case No. 3779 of 2023 Ld. Civil Judge-6, Mathura, Uttar Pradesh Pending

4. Case No. 36720 of 2024 Ld. Civil Judge-10, Mathura, Uttar Pradesh Pending

5. A-482/22477/2024 Before the Hon’ble High Court of Judicature at Allahabad, Allahabad Pending

6. 528 B.N.S.S. No. 14696 of 2025 Before the Hon’ble High Court of Judicature at Allahabad, Allahabad Pending

7. TACR/433/2024 Before the Hon’ble High Court of Judicature at Allahabad, Allahabad Pending

8. TACR/563/ 2024 Before th