ORDER : 1. Palak [petitioner in T.P.(C) No.2800/2024] and Yogesh Jain [petitioner in T.P.(Crl.) No.1077/2024] tied the marital knot on 26th June, 2023. No child is born to them from such wedlock. As time passed by, due to temperamental differences, the spouses drifted apart resulting in initiation of cases/proceedings by and between them. 2. During pendency of these transfer petitions, we thought that a mediated settlement could be explored. The spouses agreed but, unfortunately, mediation failed to yield any positive result. However, the spouses have since realized that pendency of proceedings and uncertainties related thereto would only add to their agony; hence, they have agreed to terminate their differences by having the marital knot severed upon terms and conditions, which have been recorded in a memorandum of settlement. Such memorandum is part of a joint application under Article 142 of the Constitution of India (I.A. No. 297472/2024) filed by them, wherein it has been prayed as follows: - “a. Allow the present application and dissolve the marriage of the Petitioner and the Respondent by passing a decree of divorce on the ground of mutual consent; b. quash/dismiss all the legal proceedings pending between the parties as enumerated in para 9 hereinabove;” 3. We have looked into the memorandum of settlement. Palak is present in court in person. Yogesh is represented by his learned counsel. 4. The parties have submitted that the settlement has been arrived at by them voluntarily and there has been no undue influence or pressure from any side. 5. It appears from the memorandum of settlement that Yogesh has agreed to pay a total amount of Rs.3,60,00,000/-to Palak towards full and final settlement of Palak’s financial claim. Out of the agreed amount, Rs.60,00,000/-has already been paid to Palak vide cheque dated 14th December, 2024. A Demand Draft bearing No.350485 dated 16th December, 2024 for a sum of Rs.3,00,00,000/, drawn on Yes Bank favouring Palak, is tendered by learned counsel appearing for Yogesh to Palak. We record that Palak has received the same in Court. With such tender, in terms of the memorandum of settlement, neither party would have any claim against each other on any count. 6. The memorandum of settlement also records that the cases/proceedings/complaints, which are listed at serial nos.
We record that Palak has received the same in Court. With such tender, in terms of the memorandum of settlement, neither party would have any claim against each other on any count. 6. The memorandum of settlement also records that the cases/proceedings/complaints, which are listed at serial nos. A to H of paragraph 5 thereof, shall be withdrawn by the respective parties at their own expenses by making appropriate application before the concerned courts. The description thereof is as under: A. Civil Suit No.169 of 2024 under Section 9 of the Hindu Marriage Act, 1955 filed by Yogesh against Palak pending before the learned Judge, Family Court, Rudrapur, Uttarakhand; B. Police Complaint filed by Yogesh against Palak and her family on 07.09.2024 at P.S.-Rudrapur and P.S.-Gurgaon; C. Proceedings under the Protection of Women from Domestic Violence Act, 2005 being C.C. No.2217 of 2024, filed by Palak against Yogesh and his family members, pending before the learned Judicial Magistrate First Class, South District, Saket Court, New Delhi; D. Crime Against Women (CAW) Complaint being DD No.C-1003/2024 dated 5th December, 2024, lodged by Palak against Yogesh and his family members, before the CAW Cell, Saket (South District). E. T.P. (Crl.) No.1077 of 2024, filed by Yogesh, pending before this Hon’ble Court. F. T.P. (C) No.2800 of 2024, filed by Palak, pending before this Hon’ble Court. G. Criminal Complaint dated 05.12.2024, lodged by the father of Palak against Yogesh and his family members at P.S. Gurgaon; H. F.I.R. No.598 of 2024 registered under Section 384 of 2024 at P.S. Rudrapur, Udhampur Singh Nagar, Uttarakhand against Palak, her father and her brother. 7. Leaving it to the spouses to seek quashing/withdrawal of the cases/proceedings could complicate matters. Now that payment in terms of the memorandum of settlement has been made and accepted and that the parties have no subsisting claim against each other, exercising powers conferred upon us by Article 142 of the Constitution of India, we quash all the cases/proceedings/complaints at serial nos. A to D, G and H, as indicated in the preceding paragraph. 8. Having regard to the above, in exercise of power that Article 142 confers on us and to do complete justice to the parties, we grant an order in terms of prayer clause (a) (supra). The marital tie between the spouses, i.e., Palak and Yogesh, stands dissolved by a decree of divorce by mutual consent. 9.
8. Having regard to the above, in exercise of power that Article 142 confers on us and to do complete justice to the parties, we grant an order in terms of prayer clause (a) (supra). The marital tie between the spouses, i.e., Palak and Yogesh, stands dissolved by a decree of divorce by mutual consent. 9. As a result of this order, nothing survives for decision on the transfer petitions. The transfer petitions stand disposed of together with I.A. No. 297472/2024. 10. The relevant courts/police stations shall mark closure of the cases/proceedings/complaints that are pending/lodged before it, once this order is received.