Supreme CourtDivision Bench(2011) 10 SC CK 0077

Devendra Kumar Sharma vs Bhavna Sharma

Supreme Court Of India · Decided on 10 October 2011 · Citation: (2012) 4 BomCR 834 : (2012) 1 RCR(Civil) 704

HON’BLE JUDGES
Deepak Verma, J · Dalveer Bhandari, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 8535 of 2011 (Arising out of SLP (C) No. 18439 of 2007)

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Judgment

10 paragraphs · 238 words
1.

Leave granted.

2.

We have heard the Learned Counsel for the parties.

3.

During the pendency of this appeal, the parties have amicably settled the matter. Mr. Sushil Kumar Jain, Learned Counsel for the Appellant has handed over four bank drafts amounting to Rs. 16lakhs, to the Learned Counsel for the Respondent. This amount is paid in full and final settlement of the entire claim of the Respondent Bhavna Sharma and her children.

4.

Learned Counsel for the Respondent submits that he has clear instructions from the Respondent Bhavna Sharma that in case Rs. 16 lakhs is paid to her, she would not pursue the criminal case filed by her against the Appellant.

5.

Consequently, we quash the following criminal cases filed by Respondent Bhavna Sharma:

(i) Case No. 656/07, Protection under Domestic Violence at Court No. 11 A.C.G.M., Jaipur; and

(ii) Case No. 353/Date 28.5.09 in Assistant Collector & Magistrate at Collectorate, Jaipur.

6.

Learned Counsel for the parties pray that inview of the aforesaid settlement, the parties may be granted decree of divorce by mutual consent.

7.

In the peculiar facts and circumstances of this case and in the interest of justice, we deem it appropriate to grant a decree of divorce by mutual consent of the parties. All the disputes between the parties stand resolved and no action would be taken by the parties against each other.

8.

This appeal is accordingly disposed of.