RE-CORRECTED IN THE SUPREME COURT OF INDIA EXTRAORDINARY JURISDICTION Special Leave Petition (Crl.) No.286/2019 MOHIT SAHNEY & ANR. Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) WITH Special Leave Petition (Crl.) No.12744/2023 (@Special Leave Petition (Crl.) Diary No.45408/2019)
ANIL NAG
ORDER
1. Delay condoned in Special Leave Petition (Crl.) Dy. No.45408/2019. 2. These Special Leave Petitions are directed against an order of the High Court of Judicature at Allahabad refusing to quash the proceedings instituted against the petitioners under Section 406 of the Indian Penal Code (IPC). Respondent No.2 was accused for having committed offences punishable under Sections 498A, 406, 377, 384, 420 & 120-B of the Indian Penal Code (IPC). 3. This Court had issued notice to the parties on 07-01-2019 and directed stay of further proceedings pending before the Additional Chief Judicial Magistrate, Gautam Budh Nagar, Uttar Pradesh. 4. The parties, during the pendency of the proceedings, have negotiated and arrived at an amicable settlement. The terms of the settlement are contained in a document, copy of which has been annexed to the joint application moved by them (Criminal Digitally signed by VISHAL ANAND Date: 2023.11.10 16:17:21 IST Reason:
- Signature Not Verified Miscellaneous Petition No.179131/2023). 5. In terms of the settlement, the parties have resolved all their differences. The Respondent No.2 – husband has agreed to pay a total sum of 50,00,000/- to Petitioner No.2 – wife. The ₹ settlement also records the arrangement agreed to by the parties with respect to custody and visitation rights and further that the parties have agreed that their marriage be dissolved by this Court. The application, supported by the affidavits of the parties, who are present in Court (i.e. Petitioner No.2 – wife and Respondent No.2 – husband). 6. This Court has considered the application and is of the opinion that in terms of the settlement, the parties have agreed to end all their disputes finally. Accordingly, complaint case No.4212/2013 dated 21-11-2013 pending before the Additional Chief Judicial Magistrate, District Gautam Budh Nagar, Noida, U.P. and all proceedings emanating therefrom are hereby quashed. 7. The cases listed below filed by the parties against each other are pending before different Courts:- 4. Case No.1068/2015 (FIR No.130/2013) Sections 498A, 406 and 323 IPC Mahanagar Magistrate Court, Jaipur Mahanagar, Jaipur Petitioner No.2 – wife 5. Case No.292/2015 Section 12 of the Protection of Women from Domestic Violence Act, 2005 Metropolitan Magistrate No.06, Jaipur Mahanagar, Jaipur Petitioner No.2-wife 6. Case No.01/2020 Section 125 CrPC Family Court No.2, Jaipur Petitioner /wife 7. Case No.2359/2018 Section 13-B of the Hindu Marriage Act, 1955 Family Court No.1, Jaipur Respondent No.2 - husband 8. Case No.546/2019 Section 13-B of the Hindu Marriage Act, 1955 Family Court No.3, Jaipur Respondent No.2 - husband 9. Crl.Misc. Case No.114/2023 Section 340 IPC Family Court No.2, Jaipur Respondent No.2- husband 10. Custody Case No.20/2021 Section 26 Family Court No.2, Jaipur Respondent No./husband 8. The cases/legal proceedings at Sl.Nos.(1) to (6) and (9) above are hereby quashed; Cases at Sl. Nos.7, 8 and 10 above are dismissed. 9. Further, according to the agreement of the parties, Special Leave Petition (Crl.) No.286/2019, Special Leave Petition (Crl.) Dy. No.45408/2019 and Transfer Petition (Crl.) Nos.286-289/2021, pending on the file of this Court shall stand disposed of, in terms of the settlement agreement.. of justice, dissolves their marriage. 10. Since the parties have agreed mutually to end their matrimonial relationship, this Court in exercise of its power and jurisdiction under Article 142 of the Constitution hereby and in the interests of justice, dissolves their marriage. 11. The Registry is directed to draw a decree in the above terms and annex to the decree a copy of the Settlement Agreement (enclosed as Annexure `B’) to the present application. 12. Petitioner No.2 (Pulkit Sahney) shall disclose her address and Cell Number in case of any change in futur