1. The petitioner-wife has filed the petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of Case bearing M.P. No. 1286 of 2023 titled “Sachin Lakshman Prasad Jalan Vs. Rashi Sachin Jalan / Rashi Agarwal” pending before the Civil Judge Senior Division, Family Court, Kalyan, Maharashtra to the Principal Judge Family Court, Sitapur, Uttar Pradesh.

2. By an order dated 12.12.2023, the matter was referred to mediation for an amicable settlement. The mediation resulted in a successful settlement and the learned mediator recorded the settlement agreement between the parties. In view of the settlement, a joint application has been filed requesting this Court to record the settlement, direct dissolution of marriage and also to quash & set aside certain criminal case(s), by exercising powers under Article 142 of the Constitution of India.

3. It is apposite to refer to the relevant paragraphs delineated in the Joint Application that are as under:

Digitally signed by Indu Marwah Date: 2024.05.16 16:18:08 IST Reason:

Signature Not Verified “3. The Applicant submits that the marriage of the Petitioner and Respondent was solemnised as per the Hindu Rites and Customs on 20.04.2018 at Leisure Resort, Tikora Mod Bahraich, Uttar Pradesh. Thereafter, the Petitioner and Respondent settled down at Badlapur District Thane, Maharashtra. There is no issue from the wedlock between the parties.

4. The parties stayed together until 05.07.2022, when they separated and have stayed separately since then. Since then, there has been an irretrievable breakdown of the marriage. Since the parties settled their matrimonial dispute before the Ld. Mediator and thereby decided to end the matrimonial ties between them, there is no possibility of restitution of the matrimonial relationship.

5. The Applicant states that since the separation, the following proceedings are filed by the parties to the present Petition :-

i. The Petition under Section 125 Cr.P.C. was filed by wife before the Ld. Family Court, Sitapur on 11.08.2022. ii. The petitioner-wife filed an FIR under Sections 323, 504, 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, on 27.07.2022 at Sitapur Mahila Thana, Uttar Pradesh.

iii. M.P. No. 1286/2023 is a Divorce Petition under Section 13 of the Hindu Marriage Act, 1955, filed by the Respondent-husband at the Civil Judge (Senior Division), Family Court, Kalyan, Maharashtra.

iv. The present Transfer Petition (Civil) No. 2797/2023 filed by the Petitioner-wife seeking transfer of Marriage Petition No. 1286/2023 filed under Section 13 of the Hindu Marriage Act, 1955 from Civil Judge (Senior Division), Family Court, Kalyan, Maharashtra to the Court of Family Court Sitapur, Uttar Pradesh.

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9. The Applicants state that on receipt of the demand draft for a total sum of Rs. 35 lacs (thirty five lacs), the marriage solemnised between the parties may be declared as dissolved, and the FIR No. 16/2022 dated 27.07.2022 lodged before the Mahila Thana Police Station, Sitapur, u/ss. 323, 504, 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 may be quashed.

10. The Applicants submit that S.498A of IPC and the alleged offences under the Dowry Prohibition Act. 1961 are non-compoundable, and therefore, the criminal law set into motion could not be withdrawn without exercising the powers under S.482 of the Code of Criminal Procedure, 1973. Therefore, this Hon'ble Court may exercise powers under Art. 142 of the Constitution of India read with S.482 of Cr.P.C. to avoid further multiplicity of the proceedings to quash the aforementioned FIR and consequential proceedings in view of the Settlement arrived between the parties.

11. It is submitted that as per the Settlement Terms recorded by the Learned