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2025 Supreme(Online)(SC) 9843

SUPREME COURT OF INDIA
PRATEEK SHUKLA – Appellant
Versus
THE STATE OF U.P. – Respondent
Crl.A. No.-000518-000518 - 2024



Advocates:
Petitioner's Advocate: SHIKHAR SRIVASTAVA
Respondent's Advocate: ARUP BANERJEE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.518 OF 2024 PRATEEK SHUKLA APPELLANT(S)

VERSUS THE STATE OF U.P. & ANR. RESPONDENT(S)

JUDGMENT

1. The instant appeal has been filed by the appellant, Prateek Shukla(Husband), challenging the final judgment dated 09.09.2020 passed by the High Court of Judicature at Allahabad in Criminal Miscl. Application No.13505 of 2020, and order dated 30.09.2020 passed in Criminal Misc. Correction Application in Application under Section 482 No. 13505/2020, whereby, the application of the appellant seeking quashing of the criminal proceedings as well as the charge sheet filed in Special Sessions Trial No.

1518 of 2019 was dismissed.

2. During the pendency of the present appeal, the parties have amicably settled their disputes and placed on record the Settlement Agreement dated 28.05.2024. They have filed an application being I.A.No. 16414/2025 seeking quashing of all Signature Not Verified Digitaly signed by VARSHtA MhENeDIRA TTAproceedings filed by both the parties against each other, Date: 2025.02.01

15:49:09 IST Reason:

as stated in para 8 of the said application and further sought a decree of divorce by mutual consent by invoking Article-142 of the Constitution of India.

3. Today, both the parties are present in the Court and confirmed the above agreement.

4. The Settlement Agreement dated 28.05.2024 which is annexed in I.A. 151321/2024 shall be treated as a part of the present order.

5. In view of the above, since, the marriage between the parties has reached to the stage of irretrievably breakdown, this is a fit case to invoke the powers vested in this Court under Article 142 of the Constitution of India and dissolve the marriage to do complete justice between the parties.

6. Hence, it is declared that the marriage between the appellant-Prateek Shukla, and the respondent no.2-Ankita Diwaker, is dissolved by mutual consent.

7. As a consequence, all the complaints/ proceedings filed by the parties against each other as mentioned in paragraph 8 of I.A.No.16414/2025 shall stand closed/quashed.

8. The Registry shall draw a decree of divorce in terms of this order and the Settlement Agreement dated 28.05.2024.

9. A copy of this order be sent to the concerned Courts, before which the cases/complaints/ proceedings, are pending. The parties shall also approach the concerned Courts in that regard.

10. The appeal stands disposed of accordingly.

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

..................,J.

(BELA M. TRIVEDI)

..................,J.

(PRASANNA B. VARALE)

NEW DELHI;

JANUARY 28, 2025.

ITEM NO.57 COURT NO.11 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 518/2024 PRATEEK SHUKLA APPELLANT(S)

VERSUS THE STATE OF U.P. & ANR. RESPONDENT(S)

IA No. 151321/2024 - APPROPRIATE ORDERS/DIRECTIONS IA No. 286375/2024 - CLARIFICATION/DIRECTION IA No. 16414/2025 - PASSING APPROPRIATE ORDER OR DECREE UNDER ARTICLE 142 OF THE CONSTITUTION Date : 28-01-2025 This matter was called on for hearing today.

CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PRASANNA B. VARALE For Appellant(s) Mr. Shikhar Srivastava, AOR Ms. Prerna Singh, Adv.

For Respondent(s) Mr. Arup Banerjee, AOR Mr. Priyanshu Raj., Adv.

Mr. Prabhat Kumar, Adv.

Mr. Karan Dang, Adv.

Mr. Siddharth Mittal, AOR UPON hearing the counsel the Court made the following

O R D E R

The appeal is disposed of in terms of the signed judgment.

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

(VARSHA MENDIRATTA) (MAMTA RAWAT)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed judgment is placed on the file)

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