Deepankar Haldar v. State Of Jharkhand — 2019 DIGILAW 622 (SC)

ORDER 1. Slp(Crl.)No.8142/2013 2. Heard learned counsel for the parties and perused the record. 3. When the matter was taken up for hearing on 09.04.2018, learned counsel for the parties stated that their clients may be allowed to resolve their matrimonial dispute through mediation. Accordingly, the parties were directed to approach the Supreme Court Mediation Centre on 16th April, 2018. Pursuant to the said order, Mediation Report along with the Settlement Agreement dated 04.05.2018, duly signed by the parties and their advocates, has been received from the Supreme Court Mediation Centre in which it has been mentioned that all the disputes and differences between the parties have been amicably settled. A joint Application (Crl.M.P.No.23129 of 2019) has also been filed by the parties in this regard. 4. Learned counsel for the parties also submit that the parties have finally agreed to settle their disputes in terms of the Settlement Agreement dated 04.05.2018, which is taken on record. 5. Learned counsel for the petitioner-husband has handed over a cheque of Rs.2,00,000/-, drawn on respondent No.2-wife [Mahua Dey(Haldar)], to the counsel for the respondent-wife today in the Court as a full and final payment in terms of the Settlement Agreement dated 04.05.2018. 6. Accordingly, the proceedings of the following cases, as mentioned in paragraph 7 of Crl.M.P.No.23129 of 2019 in SLP(Crl.)No.8142 of 2013, instituted by the parties and/or their families against each other, are quashed/set aside: (i) Complaint Petition Case No.1377 of 2009 under Section 498A IPC read with Sections 3 and 4 of Dowry Prohibition Act, titled as Mahua Dey (Haldar) vs. Deepankar Haldar, pending in the Court of 1 st Class Judicial Magistrate, Dhanbad, Jharkhand. (ii) Criminal M.P.No.1494/2016 filed by the father of the respondent-wife before the High Court of Jharkhand, Ranchi titled as Bijoy Krishna Dey vs. State of Jharkhand and another. (iii) Session Trial Case No.454/2015 under Section 341/323/307/506 IPC, filed by Deepankar Haldar, titled as State of Jharkhand vs. Bijoy Krishna Dey, pending before 11 th ADJ, Dhanbad. (iv) G.R.No.395/2011 under Section 506/34 IPC and 67/67A of the Information Technology Act, 2000, filed by Deepankar Haldar, titled as State of West Bengal vs. Bijoy Krishna Dey and Ors., pending before 1 st Judicial Magistrate at Baruipur Court, West Bengal. (v) First Appeal No.224/2017, filed by Deepankar Haldar before the High Court of Jharkhand at Ranchi, titled as Deepankar Haldar vs. Mahua Dey (Haldar). 7. (v) First Appeal No.224/2017, filed by Deepankar Haldar before the High Court of Jharkhand at Ranchi, titled as Deepankar Haldar vs. Mahua Dey (Haldar). 7. The special leave petition is disposed of in the manner indicated above with the direction that the parties shall strictly abide by the terms of the Settlement Agreement dated 04.05.2018. 8. As a sequel to the above, pending interlocutory application, if any, also stands disposed of. 9. Slp(Crl.)No.8306/2013 10. Heard learned counsel for the parties and perused the record. 11. When the matter was taken up for hearing on 09.04.2018, learned counsel for the parties stated that their clients may be allowed to resolve their matrimonial dispute through mediation. Accordingly, the parties were directed to approach the Supreme Court Mediation Centre on 16th April, 2018. Pursuant to the said order, Mediation Report along with the Settlement Agreement dated 04.05.2018, duly signed by the parties and their advocates, has been received from the Supreme Court Mediation Centre in which it has been mentioned that all the disputes and differences between the parties have been amicably settled. A joint Application (Crl.M.P.No.23494 of 2019) has also been filed by the parties in this regard. 12. Learned counsel for the parties also submit that the parties have finally agreed to settle their disputes in terms of the Settlement Agreement dated 04.05.2018, which is taken on record. Learned counsel for the petitioner-husband has handed over a cheque of Rs.3,50,000/-, drawn on respondent No.2-wife [Manisha Dey(Haldar)] to the counsel for the respondent-wife today in the Court as a full and final payment in terms of the Settlement Agreement dated 04.05.2018. 13. Accordingly, the proceedings of the following cases, as mentioned in paragraph 7 of Crl.M.P.No.23494 of 2019 in SLP(Crl.)No.8306 of 2013, instituted by the parties and/or their families against each other, are quashed/set aside: (i) Complaint Petition Case No.1397 of 2009 under Section 498A IPC read with Sections 3 and 4 of Dowry Prohibition Act, titled as Manisha Dey (Haldar) vs. Suvankar Haldar, pending in the Court of 1 st Class Judicial Magistrate, Dhanbad, Jharkhand. (ii) M.P.Case No.05/2011, under Section 125 Cr.P.C., titled as Manisha Dey (Haldar) vs. Suvankar Haldar, pending before Additional Principal Judge, Family Court, Dhanbad, Jharkhand. (iii) First Appeal No.222 of 2017 filed by Suvankar Haldar before the High Court of Jharkhand at Ranchi titled as Suvankar Haldar vs. Manisha Dey(Haldar). (ii) M.P.Case No.05/2011, under Section 125 Cr.P.C., titled as Manisha Dey (Haldar) vs. Suvankar Haldar, pending before Additional Principal Judge, Family Court, Dhanbad, Jharkhand. (iii) First Appeal No.222 of 2017 filed by Suvankar Haldar before the High Court of Jharkhand at Ranchi titled as Suvankar Haldar vs. Manisha Dey(Haldar). (iv) Criminal Revision Petition No.1202/2017 titled as Suvankar Haldar vs. Manisha Dey (Haldar), pending before the High Court of Jharkhand at Ranchi, challenging the order dated 20.06.2017 passed by the Additional Principal Judge, Family Court, Dhanbad in connection of M.P.Case No.5 of 2011. 14. The special leave petition is disposed of in the manner indicated above with the direction that the parties shall strictly abide by the terms of the Settlement Agreement dated 04.05.2018. 15. As a sequel to the above, pending interlocutory application, if any, also stands disposed of.