1 apl512.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Application No. 512 of 2011 Mr. Anil Vijay Sareen ....Applicant v/s. The State of Maharashtra & anr. ....Respondents Mr. Niranjan Mundargi, advocate for the applicant. Mr. Rushi Butta for respondent no.2. Mr. Y.M. Nakhawa-APP for the State. CORAM: B.R. GAVAI, J. 12th August, 2011 PC: Matter is taken up in the Chamber. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By way of present petition the petitioner has originally approached this Court challenging the order dated 6th June, 2011 passed by the Learned Metropolitan Magistrate, 22nd Court Andheri and for an order of bail in connection with Crime No. 95/2010 registered with Amboli police station. 3. The petitioner and respondent no.2 were married to each other as per the Hindu rites on 14th October, 2009. However, it appears that immediately after the marriage, disputes arose between the petitioner and the respondent no.2. On account of this dispute, on the basis of information by respondent no.2 2 apl512.11.sxw Crime No. 95/2010 for the offence punishable under Section 498-A and 406 of the Indian Penal Code came to be registered by respondent no.1. The petitioner was also arrested in connection with the said crime and initially taken in police custody for 2 days and then judicial custody. The applicant was released on bail on 15th March, 2010. From the record it appears that initially the respondent no.2 had applied for cancellation of bail, however, the said prayer was rejected. Subsequently, State applied for cancellation of bail on the ground that Section 315 was added. The learned Magistrate allowed the said application and cancelled the bail and issued non-bailable warrant. Being aggrieved by the same, the petitioner had approached this Court. The Court had issued notice vide order dated 16th June, 2011 and granted interim protection in favour of the present petitioner. The petitioner and the respondent no.2 appeared before this Court on 23rd June, 2011. As such the matter was taken on Board. Since the dispute is basically a matrimonial dispute, a suggestion was given to the parties to explore the possibility of amicable settlement. 4. The matter was heard on last several dates in the Chambers in presence of the learned Counsel for the parties. With the efforts of the learned Counsel, the parties have now finally settled their dispute and have arrived at the consent terms. The same are duly signed by the parties as well as their respective Counsel and marked X for identification. As per the consent terms it has been agreed that certain items mentioned in the list dated 10th March, 2010 submitted by the respondent no.2 are already handed over to the respondent no.2 in the presence of police persons on 11th August, 2011. Certain jewelery items which are presently in the house of the applicant at Amritsar are undertaken to be returned by the applicant to respondent no.2 on or prior to 12th October, 2011. It is agreed that insofar as the articles claimed by respondent no.2 which are not available according to the applicant, he would pay an amount of Rs. 5 lakhs 3 apl512.11.sxw towards full and final settlement. It is agreed by the respondent no.2 that she would accept the said amount towards full and final settlement and shall have no further claim towards alimony maintenance etc. The cheque bearing no. 272960 drawn on ICICI Bank for an amount of Rs. 2,50,000/- is handed over by the applicant to the respondent no.2 towards the part payment of an amount of Rs. 5 lakhs. It is agreed that the remaining amount of Rs. 2,50,000/-will be paid by Demand Draft on or before 12th October, 2011. One private complaint is filed against the sister of present respondent no.2 being CC No. 2092/2010 for the offence punishable under Section 138 of the Negotiable Instrument Act. It is reported that next date is 23rd August, 2011. The applicant has agreed to ensure that said complaint is decided and disposed of on 23rd August, 2011. It is further agreed that one another criminal complaint being CC No. 80/SW/2011 is filed by the sister of the respondent no.2 namely Aakanksha Naval Shetye against the applicant. The respondent no.2 has undertaken to withdraw the said complaint on 23rd August, 2011. 5. The parties have further agreed that the Marriage Petition No. A-2531/2010 filed by the respondent no.2 under Section 14 of the Hindu Marriage Act, 1955 in the Family Court, Mumbai be permitted to be converted into Petition for Divorce by mutual consent and the decree under Section 13(B) be passed. It has been further agreed that since the parties have resolved their dispute, the proceedings on the basis of C.R. No.95/2010 should be given end to. It has further been agreed that non-compliance of any of the terms would result in revival of cases as against the interest of the party non-complying. 6. I have personally counselled the parties on last various dates in the presence of the learned Counsels for the parties. It appears that the differences between the parties have gone to such an extent that their relation is irretrievably broken. It appears that there is no possibility of the parties 4 apl512.11.sxw residing together. In any case the parties are grown up individuals and they can understand what is right and what is wrong for them. Since the parties have now amicably settled all their disputes and decided to give an end to their relationship, I find that this is a fit case wherein this Court while exercising its extraordinary powers under Article 226, should give an end to all the litigations between the parties. Since I have already found that the relationship between the parties is irretrievably broken and since they have settled all their disputes, I also find that it is just and proper that they should be permitted to convert the petition filed by the respondent no.2 for dissolution of marriage into the one for divorce by mutual consent under Section 13 (B) of the Hindu Marriage Act. A period of one year and four months has lapsed from the date the said petition has been filed before the Family Court. In that view of the matter, I find that no purpose would be served in making parties to wait for further period of six months. It is in the interest of the parties that the marriage between them is dissolved so that they are free to lead their independent life. It is to be noted that the petitioner is aged about 30 years and respondent no.2 is about 28 years. 7. In that view of the matter, following order is passed: (i) The petitioner has already handed over a cheque of Rs. 2,50,000/- bearing No. 272960 to the respondent no.2. It is agreed that respondent no.2 shall present the said cheque on 17th August, 2011 so that in the meantime, the applicant is in a position to make the necessary funds available in his account at Mumbai. (ii) The applicant shall ensure that the private complaint being CC No. 2092/2010 filed under Section 138 of the Negotiable Instrument Act against the sister of the respondent no.2 namely Aakanksha Naval Shetye would be withdrawn on 23rd August, 2011 and shall hand over the certified 5 apl512.11.sxw copy of the said order to the respondent no.2 on or prior to 12th October, 2011. (iii) The applicant shall return the articles which are agreed to be returned as per the consent terms on or prior to 12th October, 2011. The applicant shall also hand over the Demand Draft of Rs. 2,50,000/- to the respondent no.2 on or prior to 12th October, 2011. In order to avoid any further complications it is agreed that applicant and respondent no.2 shall fix the date of the handing over of the demand draft, return of articles and certified copy of the order passed by the Criminal Court through their Counsels and on which date the applicant no.1 shall hand over the Demand Draft, the articles and the certified copy of order to the respondent no.2 in presence of their respective Counsels. (iv) The criminal proceedings against the applicant i.e. C.R. No. 95/2010 registered with Amboli Police Station and Criminal Complaint No. 80/SW/2011 in the Court of the learned Metropolitan Magistrate, 22nd Court, Andheri are quashed and set aside. (v) The Marriage Petition No. A-2531/2010 pending before the Family Court, Mumbai is directed to be converted as a Petition for mutual divorce under section 13B of the Hindu Marriage Act. A decree for divorce is passed which shall be effective from today. The marriage between the petitioner no. 1 and the respondent no.2 shall stand dissolved in accordance with the consent terms which are placed on record of the present proceedings. (vi) The Registrar of the Family Court shall convert Marriage Petition No. A-2531/2010 into a petition for dissolution of marriage by mutual consent under Section 13 B and draw a decree in accordance with the consent terms. 6 apl512.11.sxw 8. Needless to state that in the event the applicant fails to comply with any of the conditions, the criminal proceedings which are quashed against him shall stand revived. (B.R. GAVAI, J)