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2023 DIGILAW 1218 (SC)

XYZ v. XYZ

2023-10-10

J.K.MAHESHWARI, K.V.VISWANATHAN

body2023
ORDER : 1. I.A. No. 178148 of 2023 – application for discharge of Dr. Sushil Balwada, erstwhile Advocate-on-Record appearing for the appellant, from the case is allowed. 2. Leave granted. 3. In the present appeal, vide order dated 11.07.2023, with an intent to explore the possibility of an amicable settlement and with the consent of the parties, the matter was referred to Hon’ble Sh. Justice Kurian Joseph, former Judge of this Court, to mediate the issues. 4. The parties appeared before the learned Mediator and by a sincere effort made by the learned Mediator, the disputes have been settled and a Deed of Settlement has been drawn and duly signed by the parties on 16.08.2023. As per the said Settlement Deed, the parties have arrived at certain terms, put certain conditions, the relevant ones are reproduced hereunder : “I. And whereas during the course of mediation between the parties, the parties have agreed upon to take out vendetta from their heart against each other and have thus entered the Compromise Deed in this regard. J. And whereas both the parties would make a joint prayer before the Hon’ble Supreme Court of India for exercising its power under Article 142 of the Constitution of India in the interest of justice to quash all the pending criminal cases, proceedings and trials against the first party which are listed as under : LIST OF CRIMINAL TRIALS/CASES AGAINST RICHA SHARMA Caption Case number Court where pending 1. Richa Sharma Vs. Abhinav Sharma SLP (C) No. 13432 of 2018 Supreme Court of India 2. State of Rajasthan Vs. Richa Sharma Regular Case No. 27055/2022 CNR NO. RJJM020330572022 For offences under Section 182/211 IPC in FIR No. 104/2011 PS Mahila Thana, South Jaipur ACJ cum MM-12 Jaipur Metro-I 3. State of Rajasthan Vs. Richa Sharma Regular Case No. 26191/2022 CNR NO. RJJM020319182022 For offences under Section 182/2011 IPC in FIR No. 305/2013 PS Jyoti Nagar, Jaipur Addl. Sr. Civil Judge cum ACMM8 Jaipur Metro-I 4. State of Rajasthan Vs. Richa Sharma Regular Case No. 20427/2022 CNR NO. RJJM020268772022 For offences under Section 381, 420, 468, 471, 474, 485, 120B IPC in FIR No. 144/2021 PS Jyoti Nagar, Jaipur Addl. Sr. Civil Judge cum ACMM8 Jaipur Metro-I 5. Metropolitan Magistrate No. 7, Jaipur Vs. Richa Sharma, Leela Dadhich, Mahesh Saxena Regular Case No. 26985/2021 CNR NO. RJJT020306932021 Addl. Sr. Civil Judge cum ACMM4 Jaipur Metro-II” 5. RJJM020268772022 For offences under Section 381, 420, 468, 471, 474, 485, 120B IPC in FIR No. 144/2021 PS Jyoti Nagar, Jaipur Addl. Sr. Civil Judge cum ACMM8 Jaipur Metro-I 5. Metropolitan Magistrate No. 7, Jaipur Vs. Richa Sharma, Leela Dadhich, Mahesh Saxena Regular Case No. 26985/2021 CNR NO. RJJT020306932021 Addl. Sr. Civil Judge cum ACMM4 Jaipur Metro-II” 5. Thereafter, it is further agreed between the parties as thus : “1. XXX 2. That the first party claims no Permanent Alimony or any financial assistance otherwise for past, present and future dues, money, item or alimony from the second party; 3. That the first party directly or indirectly, personally or through any other person will never indulge in any litigation/complaints against the second party in future. 4. It is further agreed between the parties, that they would jointly pray and request the Hon’ble Supreme Court to quash the criminal cases listed in the table above in the greater interest of justice based upon the compromise deed; 5. It is further agreed between the parties, that during the course of these litigations certain publications have been made online on the web portals available wherein copies of the petitions, reply, rejoinder, court orders etc. have been made public or are available on paid subscription to subscribers from such web portals and the parties in terms of the compromise will be free to seek appropriate remedy to see that such personal documents are removed permanently from those websites and deed of compromise will be final in this regard to the Hon’ble Supreme Court. 6. It is also agreed between the parties, that both the parties shall not file any suit, petition or complaint etc. against each other and against the family members of each other either directly or indirectly by themselves or through anyone else and shall withdraw all the complaints, proceedings, protest petitions etc., if any, filed anywhere before any authority in this regard whenever the same comes to the knowledge of the parties or is requested by either of the party. In case any such proceedings are pending, the present Compromise Deed shall be filed there and the parties would appear, if required, and make statement before the court or authority and make a request for closure of the same either jointly or severally. 7. In case any such proceedings are pending, the present Compromise Deed shall be filed there and the parties would appear, if required, and make statement before the court or authority and make a request for closure of the same either jointly or severally. 7. It is also agreed between the parties that they shall not cause any harassment and allow use of any of the pending/disposed or otherwise contested matters or cases that were filed against any of the party to cause harassment to the professional growth and career of both the parties henceforth and that this Deed would be the final settlement of all the litigations that arose and would put a complete end to all such litigations which have been initiated by either side and will not be used or allowed to be used as an impediment to their professional growth, family life and career, in future. K. That both the parties hereby agree that this Compromise Deed is irrevocable and the parties undertake that this Compromise Deed is legal, valid, binding, and enforceable and executable in all manners and none of the parties shall be at liberty to take advantage of any technical language or lacuna, if any, if the same are not explained hereinabove.” 6. In terms of the Settlement Deed, I.A. No. 166817 of 2023 – a joint application for disposal of this appeal in terms of the compromise between the parties has been filed. In the said application, a prayer has been made to quash and set aside the criminal cases, as mentioned in Condition No. J, which are reproduced hereinabove. 7. A prayer has also been made for removal of any report, order, proceedings, petition etc. pertaining to the dispute relating to the marriage of the appellant and the respondent from online portals, websites, disclosing their identity or any ancillary proceedings initiated based upon the present family disputes and litigations from the web portals that are presently available online. A prayer has also been made to pass such order and directions to pull down any such petition, document, order, proceedings, media reports etc. published by any web portal in relation to the dispute arising out of the litigations that include eventually dispute relating to the appointment of the respondent as AAG of the State of Rajasthan in the past. 8. published by any web portal in relation to the dispute arising out of the litigations that include eventually dispute relating to the appointment of the respondent as AAG of the State of Rajasthan in the past. 8. Another application, being I.A.No. 211164 of 2023, has also been filed jointly by the parties seeking Decree of Divorce by mutual consent in exercise of our powers under Article 142 of the Constitution of India with an observation that the Decree of Divorce under challenge would not be treated to be an expression of any opinion on the allegations leveled against each other in view of the settlement so arrived at. 9. We have interacted with the appellant, who is present inperson along with her respective advocates and the respondent, who has appeared inperson in the Court. They have agreed to the terms of the mediation and the terms of the Settlement Deed and have shown their gratitude to the learned Mediator. They have agreed to all the terms and conditions specified in the Settlement Deed and have also requested to pass an order in terms of the applications i.e. I.A.Nos. 166817/2023 and 211164/2023. 10. Having heard learned counsel for the appellant and the respondentinperson and in the facts and circumstances of this case, we dispose of this appeal with the following terms : (i) The appellant and the respondent, who are present inperson in the Court, shall abide by all the terms and conditions of the Settlement Deed dated 16.08.2023, duly signed by them. (ii) As prayed in Column No. J of the Settlement Deed, all the proceedings filed by the appellant or the respondent against each other or against any of the coaccused be treated as quashed and be consigned to the record. (iii) As requested by the parties and considering the Report of the Mediation and the Settlement Deed, we find it to be a fit case to grant a Decree of Divorce by mutual consent in exercise of our powers under Article 142 of the Constitution of India. Ordered accordingly. Consequently, the marriage between the appellant – Richa Sharma and the respondent Abhinav Sharma is hereby dissolved by way of a Decree of Divorce by mutual consent. (iv) It is made clear that this Decree of Divorce is by consent, without expressing any opinion on the allegations leveled by the parties. Ordered accordingly. Consequently, the marriage between the appellant – Richa Sharma and the respondent Abhinav Sharma is hereby dissolved by way of a Decree of Divorce by mutual consent. (iv) It is made clear that this Decree of Divorce is by consent, without expressing any opinion on the allegations leveled by the parties. It is further made clear that this Decree would be treated in terms of the Settlement. The impugned order would stand set aside, and will be superseded by this consent decree. (v) We further direct that all the reports, orders, proceedings, petitions pertaining to dispute of the appellant and the respondent on any social media portal or web portal, which discloses their identity, shall be deleted by the intermediaries on producing a copy of this order. (vi) It is further made clear here that on production of a copy of this order before the Employer of the appellant, the authorities shall take appropriate steps for revocation of the suspension of the appellant. 11. In view of above, the appeal is disposed of along with I.A. Nos. 166817/2023 and 211164/2023. 12. Before parting with the order, we acknowledge and record our gratitude to Hon’ble Sh. Justice Kurian Joseph, former Judge of this Court, for his sincere efforts to mediate the issues between the parties and to settle their disputes. 13. Pending interlocutory application(s), if any, is/are disposed of.