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2025 Supreme(Online)(SC) 105966

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (Arising out of SLP(Crl.) No.7545 of 2024)

SANJAY LAL Appellant(s)

VERSUS SMITA SHRIVASTAVA & ANR. Respondent(s)

O R D E R

1. Leave granted.

2. Taking into consideration that the dispute between the parties is matrimonial in nature, the same was referred for mediation.

3. It is stated that the mediation has been successful and the parties have decided to give an end to their relationship as husband and wife, on the terms and conditions, which are stipulated in the Settlement Agreement. The Settlement Agreement dated 10.01.2025 duly signed by the appellant-husband (Sanjay Lal) and respondent No.1-wife (Smita Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2025.03.24

17:11:54 IST Shrivastava), their respective advocates as well as Reason:

the learned Mediator is also taken on record.

4. As per the Settlement Agreement, Rs. 80,00,000/- (Rupees Eighty Lakhs only) is payable by the appellant to respondent No.1-wife. The entire amount has been paid, including the last installment of Rs.30,00,000/- (Rupees Thirty Lakhs Only), which has been handed over by the learned counsel for the appellant-husband to the learned counsel for respondent No.1-wife today in Court.

5. It appears that the marriage between appellant- husband and respondent No.1-wife is irretrievably broken. We, therefore, find that this is a fit case in which this Court should invoke its jurisdiction under Article 142 of the Constitution of India and give an end to the relationship between them.

6. Therefore, the marriage between appellant-husband and respondent No.1-wife is dissolved on terms and conditions as recorded in the Settlement Agreement.

7. The Settlement Agreement is taken on record and is to be treated as an undertaking given to this Court.

8. The following cases mentioned in paragraph 3 of the Settlement Agreement shall stand quashed and set aside:

(i) MJCR-106 of 2017 – under Section 12 of D.V.Act pending before Ms. Anjali Aggarwal, Judicial Magistrate, 1st Class, Rewa, Madhya Pradesh.

(ii) RCSHMA No. 941 of 2021 under Section 13 of H.M.Act pending before the Family Court, Rewa, Madhya Pradesh.

(iii) MJCJW-03/2023 under Sections 7,9,12,25 of the guardian and Ward Act pending before the Family Court, Rewa, Madhya Pradesh.

(iv) MJRC – 282 of 2024 under Section 125(3) of Cr.P.C. pending before the Family Court Rewa, Madhya Pradesh.

9. The Registry is directed to draw a decree for divorce accordingly.

10. The appeal is disposed of in the above terms.

11. We place on record our appreciation for the sincere efforts put in by the learned Mediator- Suresh Kumari for successful completion of the mediation.

12. Pending application(s), if any, shall stand disposed of.

….........................J (B.R. GAVAI)

...........................J (AUGUSTINE GEORGE MASIH)

New Delhi March 17, 2025 ITEM NO.37 COURT NO.2 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 7545/2024 [Arising out of impugned final judgment and order dated 23-02-2024 in CRLR No. 2311/2023 passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur]

SANJAY LAL Petitioner(s)

VERSUS SMITA SHRIVASTAVA & ANR. Respondent(s)

(IA No. 123567/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 123568/2024 - EXEMPTION FROM FILING O.T.)

Date : 17-03-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) :

Mr. S.k. Gangele, Sr. Adv.

Ms. Priya Sharma, Adv.

Mr. Prathvi Raj Chauhan, AOR Mr. Arjun Sain, Adv.

For Respondent(s) : Mr. Parijat Kishore, AOR UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeal is disposed of in terms of the signed order.

3. Pending application(s), if any, stand disposed of.

(DEEPAK SINGH) (ANJU KAPOOR)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR [Signed order is placed on the file]

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