2015 ALL SCR 2880
(Supreme Court)

SUDHANSU JYOTI MUKHOPADHAYA AND PRAFULLA CHANDRA PANT, JJ.

Sai Krupa D. & Anr. Vs. State by Sho & Anr.

Criminal Appeal No.2134 of 2014

26th September, 2014.

Petitioner Counsel: Mr. S. MAHENDRAN
Respondent Counsel: Mr. C.M. ANGADI, Mr. R.P. GOYAL

Criminal P.C. (1973), S.482 - Penal Code (1860), Ss.506, 504, 323, 324, 448, 34 - Quashing of complaint - Refusal to - Challenge - Complaint filed against husband and in-laws of complainant in matrimonial dispute - Case referred to mediation centre of Supreme Court - Settlement reached between parties - In view of the same, parties directed to adhere to the settlement reached between them and pay dues to petitioner wife and daughter as per settlement. (Para 6)

JUDGMENT

JUDGMENT :- Leave granted.

2. This appeal has been preferred by appellants against the judgment and order dated 24th March, 2014 passed by the High Court of Karnataka at Bangalore in Criminal Petition No. 86 of 2014.

3. By the impugned order, the High Court refused to quash the complaint registered against Crime No. 306 of 2013 for the offense punishable under Section 506, 34/504, 323, 324, 448 of IPC.

4. Taking into consideration the fact that it is a matrimonial dispute in which husband and in-laws have already been implicated, On request of the learned counsel for the parties, the case was referred to Mediation Centre of this Court.

5. Supreme Court Mediation Centre by letter dated 19th September, 2014 communicated that settlement has reached between the parties as per Settlement Agreement relevant portion of which reads as follows:

1. It is agreed between the parties that both of them shall jointly move a petition for Mutual Divorce under Hindu Marriage Act before the Court of Competent jurisdiction at Anantapur District, Andhra Pradesh after receiving third installment of payment detailed herein below in Para No. 7(C). The second motion will be moved jointly before the same Court by the parties at the time of handing over the payment of final installment as detailed in Para No. 7(D) below:

2. That following cases are pending between the parties:-

(i) CC No. 343 of 2014 registered under Section 498-A r/w 34 IPC and 354(2) (Criminal Law Amendment Act 2013) IPC and Sec. 3 & 4 of D.P. Act filed by the petitioner-wife against the respondent No. 2 husband and his family members pending before Sessions Judge, Anantapur District, Andhra Pradesh.

(ii) F.C.M.C. No. 24 of 2013 filed under Section 125 Cr.P.C. by the petitioner-wife and her minor daughter against the respondent No. 2-husband pending before Family Court, Anantapur District, Andhra Pradesh.

(iii) D.V.C. No. 6 of 2014 filed under Section 12 of Domestic Violence Act, 2005 by the petitioner-wife against the Respondent No. 2-husband and his family memebrs pending before J.M.F.C. (Mobile) Ananatapur District, Andhra Pradesh.

(iv) M.C. No. 431 of 2013 under Section 13(1) (ia) & (ib) of Hindu Marriage Act, 1956 filed by respondent No. 2-husband against the petitioner-wife pending before the Family Court Tumjur, Karnataka.

(v) P.C.R. No. 21 of 2013 filed under Section 200 Cr.P.C. by the respondent No. 2-husband against the petitioner-wife pending before Principal Sr. Civil Judge-cum-C.J.M., Tumkur District, Karnataka.

(vi) Criminal R.C. No. 6958 of 2014 filed under Section 397 and 401 of Cr.P.C. challenging the order of interim maintenance passed in the pending F.C.M.C. No. 24 of 2013 as mentioned in Para-2(II) pending before the Hon'ble High Court of Judicature of Andhra Pradesh at Hyderabad.

3. It is agreed between the parties that all the pending cases as mentioned above in Paragraph No. 2 shall be withdrawn by the parties preferably at the date of moving the second motion i.e. after receiving the final payment by the petitioner-wife.

4. In view of the terms of this settlement-agreement, both the parties herein undertake to withdraw all the above pending cases/complaints, if any besides all other pending petitions filed by them against each other before any court of law or any other forum and would take all necessary steps for the same.

5. Both the parties undertake that henceforth they would not file any civil/criminal complaint or any case against each other or their family members with regard to the present matrimonial alliance. Both the parties also undertake to withdraw any other pending cases, if any, which have been filed against each other and/or their respective families arisen from this matrimonial alliance.

6. The Respondent No. 2-husband Mr. P.K. Bhaskar Rao has agreed to pay a sum of Rs.20,00,000/- (Rs. Twenty Lacs Only) towards full and final settlement towards all and any past, present and future claim including her maintenance, stridhan, alimony expenses etc. to Mrs. D Sai Krupa, the Petitioner-wife and her daughter Bhumika P.B. and they would have no claim whatsoever in future with regard to the movable and/or immovable assets of the Respondent No. 2-husband and/or his family members hence forth. Similarly Respondent No. 2-husband shall have no claim whatsoever in future with regard to movable and/or immovable property of the petitioner-wife and/or her family members related to this matrimonial alliance.

7. That the respondent no. 2-husband has agreed to pay the aforesaid amount of Rs.20,00,000/- (Rupees Twenty Lakh Only) in three installments in the following manner:-

A. The first installment of Rs.2,00,000/- (Rs. Two Lacs Only) will be paid by the respondent no. 2 to the petitioner-wife within a week from today i.e. by 26.09.2014 by way of demand draft in the name of the petitioner-wife "D. SAI KRUPA".

B. The second installment of Rs.3,00,000/- (Rs. Three lacs Only) will be paid by the respondent no. 2 to the petitioner-wife on or before 31.12.2014 by way of demand draft in the name of the petitioner-wife "D. SAI KRUPA".

C. The third installment of Rs.5,00,000/- (Rs. Five Lacs Only) will be paid by respondent no. 2 to the petitioner-wife on or before 31.03.2015 by way of demand draft in the name of the petitioner-wife "D. SAI KRUPA".

D. The final and last installment of Rs.10,00,000/- (Rs. Ten Lacs Only) will be paid by respondent no. 2 to the petitioner-wife on or before 30.09.2015 by way of demand draft in the name of the petitioner-wife "D. SAI KRUPA".

8. That it is agreed between the parties that custody of gird child Bhumika shall remain with the petitioner-wife i.e. mother of the child. The respondent no. 2 is not willing to visit the child or will not claim any right over the child including her custody.

9. By signing this Agreement the parties hereto solemnly state and affirm that they have no further claims or demands against each other and all the disputes and differences have been amicably settled by the parties hereto through the process of Mediation.

10. The parties undertake to abide by the terms and conditions set out in the above mentioned Agreement, which have been arrived without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth.

11. That it is further agreed between the parties that in the event of any dafault in compliance of the aforesaid terms and conditions, the aggrieved party will have a liberty to approach this Hon'ble Court for seeking any appropriate remedy in accordance with law.

6. Having heard learned counsel for the parties to give quietus to the family dispute we pass the following order:

(i) Record of CC No. 343 of 2014 pending before Sessions Judge, Anantapur District, Andhra Pradesh is called for and is quashed;

(ii) Record of F.C.M.C. No. 24 of 2013 pending before Family Court, Anantapur District, Andhra Pradesh is called for and is quashed;

(iii) Record of D.V.C. No. 6 of 2014 pending before J.M.F.C. (Mobile) Ananatapur District, Andhra Pradesh is called for and quashed;

(iv) Record of M.C. No. 431 of 2013 under Section 13(1)(ia) & (ib) of Hindu Marriage Act, 1956 filed by respondent No. 2-husband against the petitioner-wife pending before the Family Court Tumjur, Karnataka. (v) P.C.R. No. 21 of 2013 filed under Section 200 Cr.P.C. by the respondent No. 2-husband against the petitioner-wife pending before Principal Sr. Civil Judge-cum-C.J.M., Tumkur District, Karnataka is called for and is quashed and

(vi) Record of Criminal R.C. No. 6958 of 2014 pending before the Hon'ble High Court of Judicature of Andhra Pradesh at Hyderabad is called for and is quashed.

7. Parties are directed to adhere to the settlement reached between the parties and pay dues to the petitioner- "D. SAI KRUPA"(wife) and her daughter -"BHUMIKA" as per the terms of settlement. Order dated 24th March, 2014 passed by the High Court of Karnataka at Bangalore in Criminal Petition No. 86 of 2014 is set aside.

8. In case, the amount is not paid within the aforesaid period, it will be open to the petitioner to move before this Court for initiation of contempt petition against respondent no. 2 and in such case respondent no. 2 to pay interest amount @ 12% from the date of dues.

9. The appeal stands disposed of with aforesaid observations and directions.

Ordered accordingly.