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2018 DIGILAW 1793 (SC)

Saurabh Sachan v. Shweta Sachan

2018-10-29

A.M.KHANWILKAR, KURIAN JOSEPH

body2018
ORDER 1. Application for impleadment, in T.P. (Crl) No.118/2018, is allowed. 2. The petitioner approached this Court for transfer of MNT No.530/2016 titled Shweta Sachan v. Saurabh Sachan and Case No.CHI/0000528/2017 titled State v. Saurabh Sachan from Judicial Magistrate 1st Class, Ludhiana, Punjab to a competent Mahila Court at Patiala House Court, New Delhi. During the pendency of these cases both the parties, with the intervention of the family and counsel on both the sides, have interacted and taken a conscious decision to settle their entire disputes amicably. 3. Accordingly, the parties have entered into a settlement on 13.10.2018, which has been signed by the parties and their counsel. The same has been produced along with Crl.M.P. No. 153781 of 2018 and is already on record, which shall form part of this order. 4. In terms of the settlement, the husband/Saurabh Sachan has handed over two demand drafts for a total sum of Rs. 40,00,000/- (Rupees Forty Lacs), which the respondent/Shweta Sachan has acknowledged. 5. In terms of the settlement, the proceedings in FIR Nos.214 of 2014 registered at P.S. Swaroop Nagar, 69/2016 registered at P.S. Sarabha Nagar, Ludhiana, Punjab and 111/2016 (Case No.CHI/0000528/2017 tiled State v. Saurabh Sachan pending before Judicial Magistrare 1st Class, Ludhina, Punjab) registered at P.S. Sarabha Nagar, Ludhiana, Punjab are quashed. 6. We direct the Civil Judge, Senior Division, Kanpur to dispose of Suit No.180/2017 in terms of the Settlement. 7. We direct ACMM-VI, Kanpur, to disposed of Suit No.1277 of 2017 in terms of the settlement. 8. The parties have filed an application under Section 13B of the Hindu Marriage Act for divorce on mutual consent, in terms of the settlement. They got married in 2009 and are living separately since 2014. We have had long interaction with the parties. When the parties appeared before us on 25.10.2018, we directed them to have further discussions. After such deliberations also, it is reported to us today that they have taken a free and conscious decision at this juncture to part, having regard to the entire facts and circumstances. 9. Accordingly, the marriage between Saurabh Sachan and Shweta Sachan is dissolved by a decree of divorce by mutual consent. 10. The parties have agreed that they will not institute any fresh complaint or petition or institute any proceedings against each other or the members of their family in respect of the disputes. 9. Accordingly, the marriage between Saurabh Sachan and Shweta Sachan is dissolved by a decree of divorce by mutual consent. 10. The parties have agreed that they will not institute any fresh complaint or petition or institute any proceedings against each other or the members of their family in respect of the disputes. It is also submitted that they are withdrawing all the petitions and complaints filed against each other or the members of their family or associates. Ms. Shweta submits that she is withdrawing all complaints filed by her including the one filed against the Chartered Accountant of Mr. Saurabh Sachan. 11. It is also submitted that though they are granted a decree of divorce by mutual consent, in case in future if better wisdom downs on them, they will only be happy to get remarried. That way it is indeed heartening to note that the parties are parting as friends. 12. We make it clear that since we have quashed the FIRs, the proceedings leading to the lookout notice issued against Mr. Saurabh Sachan also stand quashed and there shall be no impediment in that regard for Mr. Saurabh Sachan or Shweta or any other member of their family. 13. We direct Uttar Pradesh Technical University, Lucknow and/or Dayanand Dinanath College of Management, Kanpur, as a special case, in terms of the Settlement at paragraph 24 to change the name in the marks sheets and MBA Degree from Shweta Chugh Sachan to Shweta Chugh. 14. HMA No.316/2017 on the file of the Family Court, Patiala House, Delhi is struck off from its files. 15. The transfer petitions are, accordingly, disposed of. 16. Pending application(s), if any, shall stand disposed of.