Mukhtar Khan & Ors v. State of Chattisgarh & Anr

Supreme Court of India · 28 Sep 2015
Kurian Joseph; Arun Mishra
Criminal Appeal No. 1280 of 2015 @ Special Leave Petition (Crl.) No. 621 of 2014
criminal appeal_allowed

AI Summary

The Supreme Court quashed all pending matrimonial and related criminal proceedings between husband and wife following a bona fide settlement reached during the appeal.

Full Text
Translation output
Page 1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1280 OF 2015
[@ SPECIAL LEAVE PETITION (CRL.) NO. 621 OF 2014]
MUKHTAR KHAN & ORS Petitioner(s)
VERSUS
STATE OF CHATTISGARH & ANR Respondent(s)
JUDGMENT
Delay condoned.
Leave granted.
Heard the learned counsel appearing for both the sides.
We find that during the pendency of the appeal before this Court, the husband and the wife have reached a settlement and the terms of settlement dated 24.04.2015 shall form part of this order.
Since it is not in dispute that the terms of settlement have been acted upon and that the wife has received the amount in terms of the settlement, in the interests of justice, we find that the criminal proceedings between the parties are not to be pursued. Therefore, the following proceedings are quashed :-
A. Case No. 219 of 2014 filed by the respondent-wife against the petitioner-husband under Section 125
Cr.P.C. pending before the Family Court, Raipur, Page 2
Chhatisgarh.
B. Case No. 1371 of 2013 filed under Domestic
Violence Act filed by the respondent-wife against the petitioner-husband pending before the Magistrate
Court at Raipur, Chhatisgarh.
C. Appeal filed against the decree of divorce filed by the respondent-wife pending before Family Court, Hamirpur, Utter Pradesh.
D. FIR No. 53 of 2012 dated 04.10.2012, Police
Station Mahila Thana, Raipur and Case No. 188 of 2013 pending in the Raipur Court.
In view of the above directions and the settlement arrived at between the parties, this appeal is disposed of. .......................J.
[ KURIAN JOSEPH ] .......................J.
[ ARUN MISHRA ]
New Delhi;
September 28, 2015.