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2025 DIGILAW 70 (SC)

Ayushi Upadhyay v. Siddharth Kaushik

2025-01-03

C.T.RAVIKUMAR, SANJAY KUMAR, SANJIV KHANNA

body2025
ORDER : 1. By the Award dated 30.07.2024 passed in the Special Lok Adalat, the parties were referred to the Supreme Court Mediation Centre for exploring the possibility of a settlement. 2. The parties have now executed a settlement agreement dated 07.12.2024, duly signed by the petitioner, Ayushi Upadhyay, and the respondent, Siddharth Kaushik, their relations and their respective counsel as well as the learned Mediator. 3. Learned counsel for the parties admit and accept that the parties have entered into the settlement agreement, as mentioned above. 4. Parties had gotten married on 02.05.2022. The petitioner, Ayushi Upadhyay, and the respondent, Siddharth Kaushik, resided together till January, 2023. Thereafter, due to differences between the parties, they started living separately. Parties do not have any children. 5. We take the Settlement Agreement dated 07.12.2024 on record. 6. The respondent, Siddharth Kaushik, handed over a demand draft for a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the learned counsel for the petitioner, which has been accepted by him. The belongings, in terms of Annexure-A to the Settlement Agreement dated 07.12.2024, have already been returned to the petitioner, Ayushi Upadhyay, in the Mediation Centre attached to this Court. 7. In view of the settlement, we deem it appropriate to exercise our jurisdiction under Article 142 of the Constitution of India and hereby dissolve the marriage between the petitioner, Ayushi Upadhyay, and the respondent, Siddharth Kaushik, by passing a decree of divorce by mutual consent. 8. The following proceedings pending between the parties will be treated as quashed/disposed of: - 1. Domestic Violence Criminal Case No. 23912 of 2023 pending before the learned Chief Judicial Magistrate, Agra, Uttar Pradesh, filed by the Petitioner against the Respondent and his family members. 2. Criminal Misc. Case No. 1782 of 2023 under Section 125 Cr.P.C. filed by the Petitioner, pending before the Family Court, Agra, Uttar Pradesh. 3. Warrant/Summons Case No. 22100 of 2023 under Section 200 Cr.P.C. pending before the learned Chief Judicial Magistrate, Agra, Uttar Pradesh, filed by the Petitioner. 4. FIR No. 303 of 2023 under Sections 498A, 323, 504, 506 of the IPC read with Section 3 and 4 of the Dowry Prohibition Act, 1961, lodged in P.S. Kamla Nagar, Agra, Uttar Pradesh, filed by the Petitioner against the Respondent and his family members. 5. 4. FIR No. 303 of 2023 under Sections 498A, 323, 504, 506 of the IPC read with Section 3 and 4 of the Dowry Prohibition Act, 1961, lodged in P.S. Kamla Nagar, Agra, Uttar Pradesh, filed by the Petitioner against the Respondent and his family members. 5. CS No. 280 of 2024, titled "Rashmi Sharma vs. Ayushi Upadhyay", pending before the Court of the learned Civil Judge, Shahdara, Delhi. 6. H.M.A. Case No. 23 of 2024, titled "Siddharth Kaushik vs. Ayushi", pending before the Family Court Shahdara, Delhi. 9. Parties will be bound by the terms of the Settlement Agreement dated 07.12.2024 and shall abide by the same in true letter and spirit. Accordingly, the parties will not initiate legal proceedings on the abovementioned cause of action/allegations. 10. Recording the aforesaid, the transfer petition is disposed of. 11. Pending application(s), if any, shall stand disposed of.