1 wp3074.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 3074 of 2011 Shakuntala Shyam Sunder Mankani & anr. ... Petitioners v/s. Malti Sanjay Mankani & ors. ... Respondents Mr. Shyam Mehta with Mr. Vikram Trivedi, Mr. Akshay Patil, Mr. Faisal Sayyed and Ms. Ambika Hiranandani i/b. M/s. Manilal Kher Ambalal & co. for the petitioners. Mr. S.P. Kanuga with Hitesh Vyas for respondents 1-4. CORAM:- B.R. GAVAI, J DATED :- MAY 06, 2011. P.C. The petition arises out of an order passed by the learned City Civil Judge dated 11th April, 2011 thereby refusing to take the Chamber Summons and Notice of Motion on record. 2. The reason given by the learned trial Judge for doing so is the order passed by this Court dated 30th March, 2011 vide which this Court had directed to dispose of the suit within a stipulated period. 2 wp3074.11.sxw 3. The parties are related to each other. The petitioners are parents of respondent no. 5. Respondent no. 5 was married to respondent no. 1. There has been a matrimonial dispute between the respondent no. 1 and 5 which had given rise to various proceedings. It was the contention of the petitioners that there was a decree of divorce passed by the competent Court at Dubai. However, the same was disputed by the respondent no. 1. There were also other proceedings including an appeal arising out of the Judgment and order passed by the Family Court which is pending before the Division Bench of this Court. The criminal proceedings in criminal case no. 376/PW/2006 (State v/s. Shakuntala Mankani & ors.) is also pending before the Court of Metropolitan Magistrate, Bandra on account of the complaint made by the respondent no. 1 and 4 under Section 498 and 506 of IPC. The revision by the present petitioners and their sons is also pending before the learned Sessions Court being Revision Application No. 511-514/2010. 4. On an earlier occasion, in the suit filed by the present petitioners praying for an injunction restraining the respondents 1-4 for interfering with the possession of the suit property, the learned trial Court had passed an order thereby dismissing the suit on the ground that petitioners have failed 3 wp3074.11.sxw to file an affidavit in lieu of examination-in-chief. The same came to be challenged before this Court by way of Writ Petition No. 614/2011. This Court vide judgment and order dated 30th March, 2011, had allowed the said petition and while allowing the same, the time bound programme was fixed by this Court. In pursuance to the order passed by this Court, when the matter was fixed before the learned trial Court, the petitioners have filed a Chamber Summons for amendment to the plaint for incorporating certain subsequent developments and also a notice of motion praying for deciding certain issues as a preliminary issue. The same was rejected by the learned trial Court which gave rise to the filing of the present petition. 5. The matter was extensively heard by this Court on 20th April, 2011. However, since the present dispute is also an outcome of matrimonial dispute between the respondents 1 and 5, a suggestion was given to the learned Counsels appearing on behalf of the parties to make an attempt for amicable settlement, so that number of litigations between the parties come to an end. Shri Mehta, the learned Counsel appearing on behalf of the petitioner and Shri Kanuga, the learned Counsel appearing on behalf of respondents 1-4 graciously agreed to make an attempt in that regard. The matter has been thereafter adjourned on various dates so as to enable the 4 wp3074.11.sxw parties to explore the possibility of settlement. 6. Finally, with the persuasion of the learned Counsels, the parties have agreed to arrive at an amicable settlement. The parties have placed consent terms duly signed by them and their Counsels. The same are taken on record and marked ‘X’ for identification. The petitioner no. 1 is personally present in the Court. The respondent no. 1 alongwith her father respondent no. 2 are also personally present in the Court. The consent terms are signed by the petitioner no. 1 and the respondent no. 1 in the presence of the Court and their respective Counsels. The undertaking given in the consent terms are accepted and are treated as the undertaking to this Court. 7. As per the consent terms it has been agreed that all the disputes between both the families have come to an end and that the respective parties shall withdraw the proceedings filed by them against each other. It has further been agreed that the respondent no. 5 within a period of four weeks from today shall pay a sum of Rs. 45 lacs, to the respondent no. 1, by demand draft or pay order, towards full and final settlement of the dispute between them, so also the disputes between their families. It has further been agreed that respondent no. 1 shall accept the said amount as full and 5 wp3074.11.sxw final settlement and that she shall not raise any further claim or make any further demands either from respondent no. 5 and the members of his family. It has further been agreed that the demand draft/pay order would be handed over to the Advocates for respondents 1-4 who shall acknowledge the receipt thereof on behalf of respondent no.1 and that the same would be treated as discharge of the obligation on Sanjay Mankani-respondent no. 5 herein. It has further been agreed that the parties have withdrawn all allegations made against each other. 8. The Respondent No. 1 has also admitted and confirmed that she is validly divorced by the respondent no.5 and that she accepts the decree dated 25th August, 2008 passed by the Competent Court at Dubai and that she has undertaken not to challenge the said divorce decree before the said Court or any other Court. 9. It can thus clearly be seen that the dispute between the parties has come to an end. The parties have agreed to withdraw the civil proceedings filed by them against each other within a period of two weeks from the date of receipt of payment by the Counsel for respondent no. 1. The only hurdle in the way of settlement is pendency of criminal proceedings. The Apex 6 wp3074.11.sxw Court in the case of B.S.Joshi v/s. State of Haryana reported in 2003 (4) SCC 675 has held that this Court should encourage the settlement in matrimonial disputes and in order to promote the settlement of the matrimonial disputes give an end to criminal proceedings under Section 498 A. The respondent no. 1 who is personally present before the Court reiterates that she has no grievance against respondent no. 5 or any of the members of his family. 10. In that view of the matter, I find that this is a fit case wherein this Court in exercise of its extraordinary powers under Article 226 and 227 of the Constitution of India should quash the criminal proceedings pending before the Metropolitan Magistrate, Bandra and the ancillary proceedings pending before the learned Sessions Court at Mumbai. 11. In that view of the matter, the rule is disposed of in following terms:- (i) That the respondent no. 5 shall make a payment of Rs. 45 lacs to the respondent no. 1 by demand draft or pay order within a period of four weeks from today. On such payment being received by the Counsel for respondent no.1 on her behalf, the respondent no. 1 shall withdraw the Family Appeal 7 wp3074.11.sxw No. 13/2009 pending before this Court within a period of two weeks therefrom. So also the petitioners would withdraw suit No. 985/2006 pending before City Civil Court, Dindoshi. (ii) The proceedings i.e. Criminal case No. 376/PW/2006 (State v/s. Shakuntala & ors.) pending before the Metropolitan Magistrate, 32nd Court, Bandra and in Revision Application No. 511-514/2010 in the Sessions Court at Bombay shall stand quashed. It is clarified that quashing of the proceeding is conditional upon the payment made by the respondent no. 5 to respondent no. 1. On failure to do so, the order insofar as quashing of the said proceedings is concerned, shall stand automatically recalled. (iii) Rule is also made absolute in terms of clauses 2,3, 4, 11 and 12 of the consent terms which are taken on record. (B.R. GAVAI, J)