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2025 DIGILAW 1712 (SC)

Vuda Madhusudhana Rao v. State Of Andhra Pradesh

2025-09-12

AHSANUDDIN AMANULLAH, S.V.N.BHATTI

body2025
ORDER : Heard learned counsel for the parties. 2. Leave granted. 3. As the wife and minor son of the appellant were not initially parties to the present proceedings, I.A.No.228678/2024 for their impleadment as respondents is allowed. Cause title be amended accordingly. 4. The appellant-husband is present in Court. The respondent-wife is represented by learned Senior Counsel and has also joined the proceedings through virtual mode. The parties have been duly identified by their respective counsel. 5. Both the parties have submitted that the dispute inter se between the parties has been resolved by mutual consent during mediation, and pursuant thereto, a joint application being I.A. No.115186/2025 has been filed seeking invocation of our 6. For ready reference, the Settlement Agreement dated 23.04.2025 entered into between the parties, which is on record, is reproduced below:- "SETTLEMENT AGREEMENT This AGREEMENT is made at New Delhi on this 23d day of April 2025 BETWEEN MR. MADHUSUDANA RAO VUDA @ MADHUSUDANA RAO YELLA (Birth Date: 22.04.1981) S/o Vuda Mallem Kondaiah, R/o 2-73, Vishwanadharao Pet, Bitragunta, Nellore, Andhra Pradesh- 524142, hereinafter referred as the FIRST PARTY/Husband of the ONE PART. AND MS. RAJESWARI GUBBALA @ NIRMALA VUDA (Birth Date: 16.07.1985), D/o MadhusudhanaRao Gubbala, R/o D. No. 3- 142/8, Madhavapatnam, Samalkot, Kakinada, Andhra Pradesh-533005, hereinafter will be referred as the SECOND PARTY/Wife of the OTHER PART. 1. WHEREAS both the parties mean and include their respective assignee, agents, legal heirs, attorneys, representatives, successors, executors and administrator etc. 2. AND WHEREAS the marriage between the parties herein was solemnized on 06.01.2013 at Buddha samaj, Eluru, the same was registered on 11.01.2013 at Marriage registrar office, Palakollu. Later the said marriage was performed on 29.05.2013 at Doddipatla in accordance with Hindu Rites, Custom and Ceremonies. The said marriage was consummated and subsequently parties stayed together for a period for 2 years and from the said wedlock, only one child was born namely Master Sriman Narayana Vuda on 14.04.2014. During this period of co-habitation temperamental differences and matrimonial disputes arose between the parties, which led to separation of both parties and living separately since July 2015. After which, the second party filed criminal cases against the first party, his mother and sister on 03.03.2021. During this period of co-habitation temperamental differences and matrimonial disputes arose between the parties, which led to separation of both parties and living separately since July 2015. After which, the second party filed criminal cases against the first party, his mother and sister on 03.03.2021. Details of which are as under: (a) FIR bearing No.34/ 2021 dated 03.03.2021 with sections 498 (A), 420 IPC and 3 & 4 of DP Act, P.S. Disha Women Police station, Kakinada, East Godavari District, Andhra Pradesh filed by the Second Party against the First Party and his mother and sister. (b) A Complaint Case bearing No. 888 of 2022 titled as "State Inspector of Police, Disha Women PS, Kakinada v. Vuda Madhusudhana Rao & Ors." Filed before the Ld. I Additional Junior Civil Judge, Kakinada, Andhra Pradesh under Sections 498 (A) read with Section 34 of Indian Penal Code, 1860 (hereinafter will be referred to as "IPC") and Section 3 and 4 of Dowry Prohibition Act, 1961 arising out of FIR No. 34/ 2021 dated 03.03.2021 registered in Women Police Station, Kakinada, East Godavari, Andhra Pradesh lodged by Second Party. (c) A Criminal Leave Petition (hereinafter will be referred as "CRL.L.P.") titled as "Vuda Lakshmamma v. The State of AP" bearing No. 2485/ 2024 is filed before the Hon'ble High Court of Andhra Pradesh by the Mother (Vuda Lakshmamma) and sister (Dasari Thanuja) of First Party for quashing of the FIR bearing No. 34/2021 dated 03.03.2021 and Complaint Case No.888/ 2022. (d) A Criminal Miscellaneous Petition bearing No.215 of 2024 in CC No. 888/2022 was allowed by the Ld. I Additional Junior Civil Judge, Kakinada, Andhra Pradesh to impound the Canada passport of the first party (Canada Passport No.: P639853QS), order dated 04.04.2024. (e) A Criminal Leave Petition titled as "Vuda Madhusudhana Rao v. The State of Andhra Pradesh" bearing No. Crl.L.P.4675/2024 filed before the Hon'ble High Court of Andhra Pradesh by the First Party for quashing of lookout circular notice issued on first party name "Madhusudana Rao Vuda @ Madhusudana Rao Yella". (f) Special Leave Petition (Criminal) (hereinafter will be referred to as "SLP (Crl.)") bearing No.11516/2024 before the Hon'ble Supreme Court of India filed by the first party with a prayer that the First Party Canadian passport (Canada Passport No.:P639853QS) be returned and he be given the liberty to travel to Canada and resume his work physically. 3. (f) Special Leave Petition (Criminal) (hereinafter will be referred to as "SLP (Crl.)") bearing No.11516/2024 before the Hon'ble Supreme Court of India filed by the first party with a prayer that the First Party Canadian passport (Canada Passport No.:P639853QS) be returned and he be given the liberty to travel to Canada and resume his work physically. 3. AND WHEREAS during the proceedings of said SLP (Crl.) No. 11516/2024, the Hon'ble Supreme Court of India vide its order dated 04.10.2024 was pleased to direct both the parties to resolve their disputes amicably under the supervision and guidance of their respective counsel. 4. AND WHEREAS after the exhaustive meetings and sincere efforts of the parties and their respective counsels, both the parties herein out of their own free will, for the wellbeing and welfare of the only child i.c. Master Sriman Narayana Vuda, has agreed to amicably settle all their pending disputes (Criminal/Civil) between the parties and undertaken not to re-agitate the same in any manner in future. 5. AND WHEREAS the parties have arrived at an amicable Settlement on the following terms and conditions: i. That the Hon'ble Canadian Court from Quebec province has granted ex-parte decree of divorce on 04.06.2021 (Divorce file#500-12-347293-205). However, to avoid any future legal hindrance, both parties out of their own volition have mutually agreed to file a petition Us 13-B of Hindu Marriage Act, for grant of a decree of divorce by mutual consent before the Hon'ble District Court, Kakinada, Andhra Pradesh.Second party agrees and undertakes that she will appear before the Hon'ble Family Court, Kakinada when called to give, her consent along with one witness to grant divorce decree. ii. That it is agreed between the parties, consequently, as per the order dated 11.11.2024 passed by the Hon'ble Supreme Court of India in the case of no. SLP (Crl) 11516/ 2024, the first party had to pay Rs. 45,00,000/- as full and final settlement amount for child support and education including post secondary education. However, as First party could not submit the above said amount within the time granted, the Hon'ble Supreme Court vide its order dated 22.04.2025 has granted liberty to the First Party to submit Demand Draft(DD), vide DD number 987598 drawn at State Bank of India, PBB Masab Tank, Hyderabad dated 15.04.2025 before the Registry of Hon'ble Supreme Court of India. However, as First party could not submit the above said amount within the time granted, the Hon'ble Supreme Court vide its order dated 22.04.2025 has granted liberty to the First Party to submit Demand Draft(DD), vide DD number 987598 drawn at State Bank of India, PBB Masab Tank, Hyderabad dated 15.04.2025 before the Registry of Hon'ble Supreme Court of India. The Second party preferred to receive this Rs.45,00,000/- child support as a single one-time lump-sum amount instead of periodic installments and the Registry shall disburse the said amount to the Second Party as per the order dated 11.11.2024 in SLP (Crl) 11516/2024 and thereafter NOC would be provided by the second party to the First Party for quashing of all pending Criminal/civil cases against the First party and his family members (Uda Lakshmamma and Dasari Thanuja), for returning the First Party's Canadian passport bearing number P639853QS and removal of LOC with No.1/SIC(ACK)/LOC/2021-3978 dated 12-04-2021 of the I/C-DMC/SIC/BOI, MHA, GOI, New Delhi, on the First Party name. In addition, Child custody shall be declared by both parties in an affidavit, which is being annexed with the settlement agreement. iii. That the First Party shall submit the Original Quebec Birth Certificate of the child i.e. Master Sriman Narayana Vuda issued on 30-Jan-2025 and Social Insurance Number confirmation letter received from Service Canada to the Second Party on the 23rd April 2025, in exchange, the Second Party shall provide following original NOC affidavits and child custody declaration affidavit on the same date and time, (1) NOC Affidavits including the; a. NOC/Affidavit to quash the FIR 34/2021 dated 03.03.2021 and CC 888/2022 and any other pending cases that are pending before the Ld. I Additional Junior Civil Judge, Kakinada, Andhra Pradesh, and CRLP 2485/ 2024 pending before the Hon'ble High Court of Andhra Pradesh. b. NOC to allow the SLP (Crl) 11516 pending before the Hon'ble Supreme Court of India with a prayer to release the first party passport bearing number P639853QS. c. NOC to revoke the Look Out Circular notice (LOC No. 1/SIC(ACK)/LOC/2021-3978 dated 12-04-2021 of the I/C-DMC/SIC,BOI,MHA,GOI, New-Delhi) issued against the first party name "Madhusudana rao Vuda @ Madhusudana Rao Yella" in CC 888/2022 which is pending before the Hon'ble High Court of Andhra Pradesh as Crl. L.P. 4675/2024. (2) Child Custody and Support declaration Affidavit duly signed by both parties. iv. L.P. 4675/2024. (2) Child Custody and Support declaration Affidavit duly signed by both parties. iv. That the Second Party has preferred to have the sole and permanent custody of the child, and the first party agreed for the same. Therefore, the Second Party shall file an affidavit of child custody and support declaration along with the petition for mutual consent divorce. Both the parties have further agreed that the First party shall also give a Non-objection Certificate (hereinafter will be referred to as "NOC") in the form of an affidavit while giving his consent to the sole custody of the Child to the Second Party. v. That both parties have mutually agreed that after receiving the lump-sum amount of Rs. 45,00,000/- (Rupees Forty-Five Lakhs Only) towards Child support, the Child will be maintained by the Second Party. Further, the First Party shall be allowed to visit the Child for 5-10 days per year from morning till evening and as per the child's availability and schedule" by giving prior notice of at least a week before the visit. Further, First Party has agreed that he will not contact Second Party directly for the child visitation rights and can only contact through a Third Party i.e., any public servant employed by Government of Andhra Pradesh. vi. Since the second party voluntarily and willfully has taken the responsibility to apply for the child passport on her own, and the first party has handed over the child passport application fees i.e. INR 6,500/- (Rupees Six Thousand Five Hundred Only) to the second party in the form of Demand Draft bearing no.017878 dated 19.04.2025 drawn at Axis Bank in the name of second party. It has been agreed that the child passport application shall be filed by the Second Party within 30 days from the date of grant of Divorce Decree by the Indian Courts, and the Second Party has undertaken to complete the formalities regarding above said application with the authorities within 30 days. However, in case of any exigency, the First Party will be extend his support to second party till 6 months, and the second party will/may contact the first party through her counsel and the first party will make himself available and facilitate/cooperate in issuance of the passport of the child. vii. However, in case of any exigency, the First Party will be extend his support to second party till 6 months, and the second party will/may contact the first party through her counsel and the first party will make himself available and facilitate/cooperate in issuance of the passport of the child. vii. That First Party and Second Party agrees and undertakes to cooperate in all possible manner to enforce this settlement agreement, Child custody and support affidavit and the judgment/order of the Hon'ble Supreme Court of India in a Canadian Court without any claims or condition. The Second party further agree and undertake to give her no objection and to provide any documents or affidavits to the Canadian authorities/ court approach for her approval/consent to enforce the current settlement agreement, Child custody and child support affidavit and the judgment/order of the Hon'ble Supreme Court of India in Canadain court within 6 months from the date of grant of divorce by the Indian court. However, in case of any exigency, the first party will contact the second party through his counsel and the second party will make herself available and facilitate/cooperate in recognizing/enforcing the decree of divorce granted by the Indian court in Canadian court if required. viii. That it is agreed and undertaken by the parties that all the pending cases/complaints/proceedings/ litigations whether known or unknown, filed by them against each other or against their respective family members before any Court/Authority/Police Authority/ Forum shall be quashed/withdrawn/deemed to be withdrawn as per the conditions mentioned in the preceding Para nos. 2(a) to (f) as of on 23.04.2025. The Copy of the NOC given by the Second Party is Annexed herewith the Settlement Agreement. ix. That the Second Party shall give her NOC/Affidavit/consent in the form of an affidavit at the time of signing the present settlement agreement in the above-mentioned pending cases in para no.2 whereby giving her consent for the quashing of the above- mentioned pending cases (Civil/Criminal)/FIR/disputes. The Second Party further assures and undertakes that she will make herself available in person before the court of law for quashing/withdrawal of the criminal/civil cases filed by the second Party against the First Party and/or his family members. The Second Party further assures and undertakes that she will make herself available in person before the court of law for quashing/withdrawal of the criminal/civil cases filed by the second Party against the First Party and/or his family members. further, the Second Party shall give her NOC giving her consent for the release of the passport (Canada Passport No.:P639853QS) of the First Party which was seized by the concerned authorities based on the Crl.MP 215/2024 in CC 888/2022 order dated 04.04.2024. x. That the Second Party shall provide an NOC Affidavit on or before 23.04.2025 regarding the withdrawal of the Lookout Notice (LOC No.1/SIC(ACK)/LOC/2021-3978 dated 12-04-2021 of the I/C-DMC/SIC,BOI,MHA,GOI,New-Delhi) issued on the First Party name, to be filed before the concerned court. xi. That the Second Party has agreed to accept the above-said amount of Rs.45,00,000/-(Rupees Forty Lakhs Only) as "Child Support and to use this lump-sum amount for the welfare and education of the child and has undertaken not to file any plea/application with respect to claim child support from the First Party from the Canadian Court/Government and the Second Party agreed to record the appropriate statement with respect to the same before the Hon'ble Supreme Court to India. xii. Second party agrees and undertakes that she is liable for the child's 100% health and welfare and would take care of the Health Insurance and other expenditures by herself. xiii. That the Second Party agrees and undertakes that she shall have no claim for past, present and for future maintenance, stridhan, permanent or temporary alimony against the First Party and/or his family members subject to the fulfillment of all the terms of this Settlement Agreement. The Parties agree not to assert any such claims or causes of action against each other and/or their family members in the future. xiv. That the Parties have thus agreed and undertaken to withdraw any other legal proceedings, if any, filed by them against each other, in any court of law, subject to the fulfillment of the terms and conditions of the present Settlement Agreement xv. That both the Parties agree and undertake that they shall have no claim or right qua any immovable or movable property of each other or their family members, whether self-acquired, HUF or ancestral, under any circumstances now or in future, subject to fulfillment of terms and conditions of the present Settlement Agreement. xvi. That both the Parties agree and undertake that they shall have no claim or right qua any immovable or movable property of each other or their family members, whether self-acquired, HUF or ancestral, under any circumstances now or in future, subject to fulfillment of terms and conditions of the present Settlement Agreement. xvi. That the Parties agree that they will not communicate and interfere in each other's life, and do not have any grievance against each other. In view of the same, they have further undertaken that they shall not level any allegations against each other or each other's family members or cause not to act in a manner so as to harm the reputation and image of each other, in the family or at their work place or in the society at large. xvii. That both the parties agree to delete/dispose off from their possession including electronic gadgets, e- space pictures, audio/video recordings or any other personal items. The Parties also agree that both of them shall not misuse the same in future against each other for any known/unknown purpose or object. xviii. Both parties agreed that they will never use any documents/email communications against each other to re- agitate the disputes(criminal/civil) arising out of/in relation to the marriage between the parties in any manner in future. xix. The Parties agree, undertake and assure that they have not filed nor shall file any claim/criminal/civil suit against each other or each other's relatives, themselves or through the minor child (Sriman Narayana Vuda), through their relatives, agents, servants or assignees, subject to fulfillment of terms and conditions of the present Settlement Agreement. xx. In case the Second Party commits breach of any of the terms of this settlement agreement or withdraws from or fails, for any reason whatsoever to perform her obligation under this settlement agreement, the Second Party shall be liable to return double the amount received by the Second Party from the First Party out of the settlement amount. In case the First Party commits breach of any of the terms of this settlement agreement or withdraws from or fails, for any reason whatsoever, to perform his obligation under this settlement agreement, the Second Party shall be liable to forfeiture and would be liable to pay double the amount agreed to be paid by the First Party to the Second Party out of the settlement amount. In addition to this, it is further agreed between the parties that in case of breach/violation/willful/deliberate disobedience, the party breaching the terms shall also be liable for contempt proceedings. xxi. Both parties further agree and undertake that this settlement agreement made under the direction of Hon'ble Supreme Court of India in the case of SLP (Crl)11516/2024 should be considered as final, enforceable and not appealable in any court under any jurisdiction. xxii. That both the parties have agreed that they will jointly pray by filing an interlocutory application for the quashing of the criminal/civil cases, to release the Canada Passport of the First Party and also to revoke the Look Out Circular issued against the First Party in terms of the present Settlement Agreement by this Hon'ble Supreme Court in exercise of its power under Article 142 of the Constitution of India. 6. AND WHEREAS the Parties have executed this Agreement in a sound state of mental health without perpetration of any force, undue influence or coercion from any quarter, and the Parties shall be stopped in law to assail the validity of any clause/term of the Agreement on the ground of the same being void or unlawful. 7. AND WHEREAS the Parties agree and undertake that they have entered into the present Settlement Agreement of their own free will and will abide by the terms and conditions of the present Settlement Agreement. 8. AND WHEREAS the parties agree that they shall appear before the Hon'ble Supreme Court during the hearing to make their statements in terms of the present settlement agreement. 9. AND WHEREAS by signing and executing the present Settlement Agreement, the Parties state that they have no further claims or demands against each other and all the disputes and differences in this regard have been amicably settled by the Parties through this full and final Settlement Agreement. The Parties undertake that they are bound by this Settlement Agreement and further undertake to abide by the terms and conditions set out in the agreement and not to dispute the same hereinafter in future. 10. AND WHEREAS the contents of the present Settlement Agreement have been read over and also explained to the parties in their Vernacular language by the respective counsels and the parties agreed and understood the same. 10. AND WHEREAS the contents of the present Settlement Agreement have been read over and also explained to the parties in their Vernacular language by the respective counsels and the parties agreed and understood the same. IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands, the day, month and year first above written.” 7. The Settlement Agreement has also been signed by the concerned parties, their respective counsel, and the learned Mediator. 8. The following cases/complaints/proceedings, as mentioned in Paragraph 2(a) to (f) of the Settlement Agreement, shall stand quashed/disposed of:- (a) FIR bearing No.34/2021 dated 03.03.2021 registered under Sections 498-(A), 420 IPC and Sections 3 & 4 of the Dowry Prohibition Act, P.S. Disha Women Police station, Kakinada, East Godavari District, Andhra Pradesh filed by the Second Party against the First Party and his mother and sister. (b) Complaint Case bearing No. 888 of 2022, titled as "State Inspector of Police, Disha Women PS, Kakinada v. Vuda Madhusudhana Rao & Ors." pending before the Ld. I Additional Junior Civil Judge, Kakinada, Andhra Pradesh under Sections 498 (A) read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961 arising out of FIR No. 34/ 2021 dated 03.03.2021 registered in Women Police Station, Kakinada, East Godavari, Andhra Pradesh lodged by Second Party. (c) Criminal Leave Petition bearing No. 2485/2024, titled as "Vuda Lakshmamma v. The State of AP" filed before the Hon'ble High Court of Andhra Pradesh by the Mother (Vuda Lakshmamma) and sister (Dasari Thanuja) of First Party for quashing of the FIR bearing No. 34/2021 dated 03.03.2021 and Complaint Case No.888/2022. (d) Criminal Miscellaneous Petition bearing No.215 of 2024 arising from CC No. 888/2022 was allowed by the Ld. I Additional Junior Civil Judge, Kakinada, Andhra Pradesh to impound the Canada passport of the first party (Canada Passport No.: P639853QS), order dated 04.04.2024. (e) Criminal Leave Petition bearing Crl.L.P.No. 4675/2024, titled as "Vuda Madhusudhana Rao v. The State of Andhra Pradesh" filed before the Hon'ble High Court of Andhra Pradesh by the First Party challenging the lookout circular issued against him. (f) Special Leave Petition (Criminal) No.11516/2024 before this Court filed by the first party seeking release of his Canadian passport (bearing Passport No.:P639853QS) and permission to travel to Canada. 9. (f) Special Leave Petition (Criminal) No.11516/2024 before this Court filed by the first party seeking release of his Canadian passport (bearing Passport No.:P639853QS) and permission to travel to Canada. 9. An amount of Rs.45,00,00/-(Rupees Forty Five Lakhs) deposited by the appellant in the Registry of this Court towards the welfare of the minor son (aged 12 years), shall be transferred by the Registry of this Court, along with the interest accrued thereon, in favour of the respondent-wife. 10. The said amount shall be deposited in a joint account to be opened by the respondent-wife along with her minor son. 11. We make it clear that the corpus shall not be used for any purpose other than the needs and welfare of the minor son, including his day-to-day expenses as well as educational requirements, etc. The mother shall be the best judge of such needs, and her decision in this regard shall not be questioned. 12. Having regard to the facts and circumstances of the present case, we are persuaded to allow the prayer for dissolution of marriage. Accordingly, the marriage between the appellant and respondent-wife stands dissolved. 13. Accordingly, Registry is directed to draw a decree of divorce in terms of this order. 14. Registry is further directed to send a copy of this order to the concerned Courts, before which the cases/complaints/ proceedings, between the parties are pending. 15. As apprehensions have been raised by the appellant with regard to the future conduct of the respondent-wife, we observe that the settlement adequately addresses such concerns. We reiterate that the parties shall strictly abide by the terms and conditions of the settlement reproduced herein above. 16. Since all inter se proceedings between the parties have been concluded/closed, the authorities in possession of the appellant’s passport are directed to return the same to him upon production of a copy of this order. 17. Any consequential action taken by the concerned authorities in respect of Court notices shall also stand withdrawn by the authorities concerned, at the earliest. 18. For the purpose of completeness, liberty is granted to the appellant to serve a copy of this order to the concerned competent Authority which had issued such order/notice against him, who shall be obliged to forthwith withdraw the same. 19. 18. For the purpose of completeness, liberty is granted to the appellant to serve a copy of this order to the concerned competent Authority which had issued such order/notice against him, who shall be obliged to forthwith withdraw the same. 19. Before parting, it is made clear that notwithstanding any clause of the settlement agreement between the parties as noted hereinabove in this order shall have any adverse impact on the claim of the son, upon him attaining the age of majority, towards any of his relatives including his parents, in relation to the assets, both movable and immovable to which he may be entitled to in law on the basis of his blood relationship with the said party. 20. The Interlocutory Application bearing No. 115186/2025 stands allowed. 21. The criminal appeal stands disposed of in the aforementioned terms. 22. Pending application(s), if any, shall also stand disposed of.