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2017 DIGILAW 1097 (JHR)

Sunil Kumar v. Shubra Shalini

2017-07-12

APARESH KUMAR SINGH, B.B.MANGALMURTI

body2017
JUDGMENT : 1. Heard learned counsel for the appellant and the respondent. 2. This appeal arises out of the judgment dated 09.06.2015 passed by the learned Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 237 of 2008. Petitioner is the appellant in the instant appeal whose Matrimonial Title Suit for dissolution of marriage was dismissed on contest by the impugned judgment. 3. During pendency of this appeal, the respondent appeared on notice and parties agreed to file joint compromise petition in view of the amicable settlement of their matrimonial dispute outside the Court. This was recorded in the order dated 15.05.2017. Thereafter I. A. No. 5012 of 2017 was jointly filed by the parties on 21.06.2017. In view of the joint compromise petition filed, the following order was passed on 21.06.2017:- “Both the parties have amicably decided to settle their matrimonial dispute on the terms given in the joint compromise petition filed today. One of the terms being that the respondent-wife shall withdraw the Complaint Case No. 40 of 2008 filed by her for the offences under Section 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, pending before the Chief Judicial Magistrate, Ranchi. The appellant-husband shall also withdraw one Criminal Revision filed by him, pending before this Hon’ble Court. 4. It is submitted by learned counsel for the respondent-wife that the next date in the Complaint Case No. 40 of 2008 is 28.6.2017, but she wants to withdraw the said case earlier, so that this matter may be disposed of on the basis of compromise in this case. 5. In that view of the matter if the complainant files an application for recalling the date and withdrawing the Complaint Case No. 40 of 2008, the same shall be favourably entertained by the Trial Court and appropriate order shall be passed. 6. In the meantime, the appellant-husband shall also withdraw the Criminal Revision, pending in this Court. 7. Learned counsel for the appellant has deposited four Demand Drafts bearing Nos. 444160, 444161, 444162 and 444163 dated 16.6.2017, issued by the Bank of India, Vaishali Branch, for the agreed amount, in favour of the respondent-wife. Let the same be kept in the safe custody of the Registrar General of this Court. 8. 7. Learned counsel for the appellant has deposited four Demand Drafts bearing Nos. 444160, 444161, 444162 and 444163 dated 16.6.2017, issued by the Bank of India, Vaishali Branch, for the agreed amount, in favour of the respondent-wife. Let the same be kept in the safe custody of the Registrar General of this Court. 8. Let this appeal be again listed on 28th of June, 2017, so that if the cases are withdrawn in the meantime, the compromise may be affected on that date. ” 9. Learned counsel for the respondent-wife has produced photocopy of the certified copy of the order dated 28.06.2017 passed by the learned Chief Judicial Magistrate, Ranchi in Complaint Case No. 40 of 2008. The matter was heard before the learned Chief Judicial Magistrate, Ranchi on the discharge petition filed by the two appearing accused namely Sunil Kumar(appellant husband) and Kalawati Devi (mother of the appellant). A petition by the complainant was also filed having no objection on the same. 10. Learned Chief Judicial Magistrate, Ranchi, after consideration of the materials on records and the prayer made by the accused in the light of the stand of the complainant was pleased to discharge these two accused persons namely Sunil Kumar and Kalawati Devi from the charges. They were discharged from the liabilities of their bail bonds and all sureties were discharged. 11. Learned counsel for the respondent-wife submits, on instruction, that the petition filed on her behalf before learned Chief Judicial Magistrate also conveyed no objection to the discharge of the other accused namely Anushree. However, since the other accused had not entered appearance, no order could be passed in respect of her. She submits that no sooner the said accused appears before the concerned Court, the complainant-wife would undertake not to make any objection to any such prayer for discharge. 12. Learned counsel for the appellant submits that Cr. Revision No. 896 of 2015 preferred by the appellant-husband against the order of maintenance has also been withdrawn on 04.07.2017. As per the terms of compromise contained in I. A. No. 5012 of 2017, four Demand Drafts bearing Nos. 444160, 444161, 444162 and 444163 dated 16.6.2017 to the tune of Rs. 30,50,000/-as permanent alimony inclusive of entire arrears of maintenance have been duly deposited with the Court and kept in the safe custody of Registrar General of this Court. As per the terms of compromise contained in I. A. No. 5012 of 2017, four Demand Drafts bearing Nos. 444160, 444161, 444162 and 444163 dated 16.6.2017 to the tune of Rs. 30,50,000/-as permanent alimony inclusive of entire arrears of maintenance have been duly deposited with the Court and kept in the safe custody of Registrar General of this Court. The appeal can, therefore, be allowed and the marriage be dissolved by directing disbursement of the demand drafts to the respondent-wife. 13. Learned counsel representing the respondent-wife do not have any opposition to the prayer. 14. We have considered the submission of the parties. Since the parties have voluntarily agreed for dissolution of marriage in an amicable manner as per the terms and conditions of compromise, we are satisfied that no purpose would be served by keeping the First Appeal pending for adjudication on merits. Accordingly, the instant appeal is allowed. The marriage between the parties stands dissolved. Decree accordingly. 15. Learned Registrar General shall hand over the demand drafts to the respondent-wife on her appearance after proper identification. The appeal stands allowed in the aforesaid terms. 16. Let photo copy of the certified copy of the order dated 28.06.2017 passed by the learned Chief Judicial Magistrate, Ranchi in Complaint Case No. 40 of 2008 be kept on record. I. A. No. 5012 of 2017 also stands disposed of.