O R D E R

1. Leave granted.

2. The appellant (Kunal Jain) and respondent no.2 (Shilpi Jain) got married on 15.10.2010. A girl child was born from wedlock on 15.07.2011. Soon thereafter, a marital discord developed between them, which eventually led to the registration of FIR No.190/2017 under Section 498A/34/376 of the Indian Penal Code, 1860 (in short, “IPC”). It was followed by a complaint under Section 12 of the Protection of Women against Domestic Violence Act, 2005. There was a spate of litigation between the parties to which it is not necessary to make detailed reference except that FIR No.0163/2018 dated 30.03.2018 under Sections 468 and 471 of IPC was also registered at Police Prashant Vihar, District Rohini, Delhi. The denial of anticipatory bail in the said case by the High Court vide impugned judgment dated 19.11.2020, has prompted the appellant to approach this Court through the present proceedings.

3. While protecting the appellant against arrest, on 12.02.2021, this Court issued certain directions regarding the deposit of a sum of Rs.5 lakhs in the Registry of this Court towards legal expenses incurred by respondent no.2-wife, etc. Thereafter, various issues like transfer of the girl child from one school to another, issuance of transfer certificate, payment of arrears of fee of the previous school, payment of arrears of the settled amount between the parties to respondent no.2 and the minor child, etc., have been resolved from time to time.

4. On 04.01.2023, the matter was referred to the Supreme Court Mediation Centre to explore the possibility of an amicable settlement, as the genesis of all the cases lies in the matrimonial dispute between the parties.

5. Under the aegis of the Supreme Court Mediation Centre, the parties entered into a settlement agreement dated 15.02.2023 in terms whereof, they decided to dissolve their marriage by mutual consent, subject to certain terms and conditions mentioned in the said agreement. The implementation of the agreement, however, was deferred as meanwhile other urgent issues like shifting of the girl child to a school of her choice and issuance of an unconditional transfer certificate from the previous school, etc., arose for priority consideration.

6. The dispute regarding the fee payment between the appellant (being the child’s natural guardian) and respondent no.3-School, has also been amicably resolved, and a settlement has been arrived at between the parties. Needless to say, the parties shall abide by the said settlement. Suffice to mention that when most of the other issues stood satisfactorily resolved, the parties have been permitted to move a joint application for invoking the powers of this Court under Article 142 of the Constitution of India and grant the following reliefs:

“(a) Allow the Present Application and Grant a Decree of Divorce to the Parties/Applicants herein dissolving the marriage solemnized between the Applicants on 15.10.2010 on the ground of irretrievable breakdown of marriage;

AND

(b) Quash/terminate/dispose of all pending proceedings as tabulated in para no. 3 of this Joint Application; and/or

(c) Pass such further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

7. The appellant and respondent no.2 are present in Court. We have again interacted with them, who reiterated the prayer made in the application and have stated that the settlement agreement has been entered into with their free will and without any coercion and undue influence.

8. It is an admitted fact that in compliance with the settlement, the appellant-husband has paid a sum of Rs.42 lakhs to the respondent no.2-wife towards her stridhan, maintenance (past, present and future) as well as permanent alimony. On receipt of that amount, respondent no.2 shall have no other claim against the appellant.

9. The parties are admittedly living separately for the last nine years. Their marital relationship has irretrievably broken. Both have mutually decided to part ways and get their marriage dissolved through a decree of divorce by mutual consent. We, thus, find it a fit case to invoke our powers under Article 142 of the Constitution of India to grant such a relief to them.

10. Consequently, the marriage between the parties is hereby dissolved by way of a decree of divorce by mutual consent. On the joint prayer of the parties, the following cases shall stand quashed/disposed of:

(i) C.C. No.2980/2017, which is a complaint filed by the wife under the Protection of Women against Domestic Violence Act, 2005, and pending before the Metropolitan Magistrate No.1, Rohini District Court along with an application under Section 340 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”), moved by the appellant-husband, are hereby quashed.

(ii) Ex. Criminal No.129/2022, which is an Execution Application filed by respondent-wife and is pending before the Metropolitan Magistrate No.1, Rohini District Court, is hereby disposed of as having become infructuous.

(iii) M.T. No.201/2017, which is a maintenance application under Section 125 of Cr.P.C., filed by respondent no.2 and is pending before the Principal Family Judge, Rohini District Court, is hereby disposed of as having become infructuous.

(iv) Case No.G.P.30/2018, filed by the appellant under the Guardianship and Wards Act, 1956 and pending before the Principal Family Judge, Rohini District Court, is hereby disposed of as having become infructuous.

(v) The parties, with regard to the custody and visitation rights of the child, shall abide by the terms and conditions contained in the settlement agreement.

(vi) FIR No.0163/2018 dated 30.03.2018 under Sections 468 and 471 of IPC, registered at Police Station Prashant Vihar, District Rohini, Delhi and all the proceedings arising therefrom which are pending before the Metropolitan Magistrate No.1, Rohini District Court, are hereby quashed.

(vii) Case No. S.C. 641/2019, pending trial before the Additional Sessions Judge, Rohini District Courts, which has arising out of FIR NO.0190/2017, registered at Police Station Prashant Vihar, District Rohini, Delhi under Sections 498A/34/376 IPC, is hereby quashed.

11. The parties shall abide by the terms and conditions of the settlement agreement. The same shall be read as part of this order.

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

...................J.

(SURYA KANT)

...................J.

(K.V. VISWANATHAN)

New Delhi;

February 07, 2024 ITEM NO.11 COURT NO.4 SECTION II-C 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).1175/2021

(Arising out of impugned final judgment and order dated 19-11-2020 in BA No.3621/2020 passed by the High Court Of Delhi At New Delhi)

KUNAL JAIN Petitioner(s)

VERSUS STATE OF NCT OF DELHI & ORS. Respondent(s)

(IA No.1357/2023 - APPLICATION FOR PERMISSION, IA No.208960/2023 - APPLICATION FOR PERMISSION, IA No. 18263/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 134480/2023 - MODIFICATION OF COURT ORDER, IA No. 179959/2023 - PERMISSION TO FILE APPLICATION FOR DIRECTION, IA No.53840/2022 - RECOVERY OF THE AMOUNT)

Date : 07-02-2024 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Ms. Shalini Kaul, AOR Mr. Joydeep Mazumdar, Adv.

For Respondent(s) Mr. K.M. Nataraj, A.S.G.

Mr. Mukesh Kumar Maroria, AOR Mr. Shailesh Madiyal, Adv.

Mr. Sharath Nambiar, Adv.

Mr. T.S. Sabarish, Adv.

Mr. B.K. Satija, Adv.

Ms. Deepabali Dutta, Adv.

Mr. Anuj Srinivas Udupa, Adv.

Mr. Tanmay Mehta, Adv.

Mr. Aayush Saklani, Adv.

Mr. Abhishek Atrey, AOR Mr. Vinay Kumar, Adv. Mr. Nitin Arora, Adv. Mr. Dollar Jain, Adv.

Mr. Brijesh Panchal, Adv.

Ms. Deepika Kumari, Adv.

Mr. Shashank Shekhar, AOR Ms. Rooh-e-hina Dua, AOR Mr. Arav Pandit, Adv. Mr. Umang Mehta, Adv.

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. All pending applications, if any, also stand disposed of. (ARJUN BISHT) (PREETHI T.C.)

COURT MASTER (SH) COURT MASTER (NSH)

(signed order is placed on the file)