IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
Transfer Petition (Crl.) Nos.349-350/2021
MOHIT BHANDARI Petitioner(s)
VERSUS
SUMEDHA BHANDARI & ORS. Respondent(s)
O R D E R
Heard learned counsel for the parties.
Learned counsel parties state that the parties have settled
their dispute and are living together.
The question which has to be still examined is in what
manner the litigation already initiated by the parties be
quashed. In terms of the settlement agreement dated 09.06.2022
following cases are mentioned which are lying pending between
the parties:
“CASES FILED BY MOHIT BHANDARI- PETITIONER
a. Criminal Revision No.95/2021 pending before the Ld.
Addl. Session Judge, Ludhiana (Punjab) wherein the
next date of hearing is 27.7.2022.
b. Criminal Miscellaneous No.316 of 2020 filed before
Ld. Principal Judge, Family Court, Gautam Budh Nagar
(UP), U/s. 6 of Hindu Minority and Guardianship Act
1956 r/w Section 26 of the Hindu Marriage Act, 1955
for seeking custody of the child wherein next date
of hearing is 20.7.2022.
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CASES FILED BY SUMEDHA BHANDARI-RESPONDENT
Because of the misunderstanding, the respondent wife filed
following cases:
a. FIR No.91/2019 dated 29.7.2019 at PS Mahila Thana,
District-Gautam Budh Nagar (UP) u/S 313/323/504/498-A,
R/W Section 3 and 4 of the Dowry Prohibition Act,
wherein the Police filed chargesheet against the
Petitioner u/S 323, 504, 498-A R/W Section 3 and 4 of
the Dowry Prohibition Act and is now pending before
the Chief Judicial Magistrate, Gautam Budh Nagar
bearing Criminal Case No.160862/2020 wherein the next
date of hearing is 28.6.2022.
b. A Maintenance Petition u/S 125 Cr.P.C. bearing
No.MNT/125/2075/2019 in the Court of Hon’ble Principal
Judge, Family Court, Ludhiana wherein the next date of
hearing is 26.9.2022.
c. A complaint case bearing No.COMA/27328/2019, u/S 12 of
the Protection of Women from Domestic Violence Act,
2005 before the Illaqa Magistrate, Ludhiana, wherein
the next date of hearing is 06.8.2022.”
Prayer is made on behalf of the parties for quashing of above-
mentioned proceedings initiated against each other and/ or the
proceedings should be treated as withdrawn.
In view of the endeavour of the parties to live together,
existence of these cases would certainly come in the way.
Therefore, we are inclined to exercise our jurisdiction under
Article 142 of the Constitution of India and quash all the cases
filed inter se the parties.
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The Settlement agreement is taken on record and the IA No.
106534/2022-application for settlement stands disposed of.
In view of the settlement agreement the transfer petitions
have become infructuous and are accordingly disposed of.
………………………………………………………J.
(SANJAY KISHAN KAUL)
………………………………………………………J.
(ABHAY S. OKA)
NEW DELHI
07
th
September, 2022
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ITEM NO.10 COURT NO.3 SECTION XVI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Transfer Petition(s)(Criminal) No(s). 349-350/2021
MOHIT BHANDARI Petitioner(s)
VERSUS
SUMEDHA BHANDARI & ORS. Respondent(s)
(IA No.105377/2021-EX-PARTE STAY
IA No. 106534/2022 - APPLICATION FOR SETTLEMENT)
Date : 07-09-2022 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE ABHAY S. OKA
For Petitioner(s) Mr. Arvind Gupta, AOR
Mr. Anil Kumar Sahu, Adv.
Mr. Mohit Bidhuri, Adv.
Mr. Vinod Kaushik, Adv.
Mr. Arun Kumar Tiwary, Adv.
Mr. Pran Krishna Jana, Adv.
Mr. Utkarsh Sahu, Adv.
For Respondent(s) Mr. Karan Dewan, Adv.
Miss Aanchal Jain, AOR
Mr. Kartik Yadav, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties.
The transfer petitions have become infructuous in terms of the
signed order.
Pending applications stand disposed of.
(RASHMI DHYANI PANT) (POONAM VAID)
COURT MASTER COURT MASTER
(signed order is placed on the file)
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