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Shweta @ Sakshi v/s Sunil


    M.F.A. No. 103841 of 2017 (FC)

    Decided On, 17 December 2019

    At, High Court of Karnataka Circuit Bench At Dharwad

    By, THE HONOURABLE MR. JUSTICE P.B. BAJANTHRI & THE HONOURABLE MR. JUSTICE NATARAJ RANGASWAMY

    For the Appellant: V.M. Sheelvant, M.L. Vanti Advocates. For the Respondent: Mrutyunjay Tata Bangi, Advocates.



Judgment Text


(Prayer: This appeal is filed under Section 19 of the Family Court Act, against the Judgment and decree dated 20.09.2017 passed in O.S.No.72/2016 on the file of the Judge, Family Court, Belagavi, allowing the IA No.2 filed Under Order 7 Rule 11(D) read with Sec. 151 of CPC.)P.B. Bajanthri, J.

1. Parties are present in the Court and have filed a Compromise Petition dated 17.12.2019 and the same is taken on record.

2. In the present appeal, appellant has assailed the order on IA No.2 in OS No.72/2016 dated 20.09.2017 on the file of Judge, Family Court, Belagavi whereby, IA No.2 filed on behalf of the defendant is allowed while rejecting the plaint filed by the plaintiff. During the pendency of the present appeal, parties have entered into the compromise. Compromise petition is re-produced here under:

COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE.

The appellant and the respondent jointly submit as follows:

1. The present appeal is filed calling in question the order dated 20.9.2017 passed in O.S.No.72 of 2016 on the file of the Family Court, Belagavi, wherein an application filed under Order 7 Rule 11(d) of the Code of Civil Procedure has been allowed as barred by law. O.S.No.72 of 2016 was instituted to declare the judgment and decree passed in M.C.No.86 of 2012 by the Family Court, Belagavi is null and void.

2. It is submitted that M.C.No.86 of 2012 was filed by the respondent (husband) praying for dissolution of the marriage which whence decreed was set aside by this Hon’ble Court in MFA No.22031 of 2013 and the order of the Family Court was restored by the Hon’ble Supreme Court of India in Civil Appeal No.415 of 2015 by order dated 15.1.2014.

3. At the intervention of the elders and well wishers of the family, the matter is settled between the parties and the terms of settlement are as follows:

3.1. The respondent agrees to pay permanent alimony to the appellant and minor son Kumar Sohan in full and final settlement of their claim towards, past and all future maintenance amount and all expenses to the tune of Rs. 32,00,000/- (Rupees Thirty Two Lakhs only) reserving the visitation rights of the respondent on every 2nd Sunday of each month.

3.2. The appellant has no claims whatsoever of maintenance or any right in the property of the respondent or the ancestral properties of the respondent and the appellant undertakes that the has no claims over the properties, and would not agitate in respect of claiming any right or share in the ancestral or self acquired properties of the family of the respondent or the respondent himself and both the parties undertake to not to initiate any proceedings either civil, criminal or whatever nature before the Court, police station or any other forum against each any family members of the each of the parties arising out of the present matrimonial relationship any time now and hence forth.

3.3. In so far as the claim of the minor son in respect of properties to an extent of 1/8th share remains intact and the pending suit in O.S.No.331 of 2017 would continue and the appellant remain to represent the minor as, the minor guardian and he is at liberty to continue the suit and get the appropriate relief by due process of law. The respondent would work out his remedies before the trial Court.

3.4. The appellant agrees that the property bearing RS No.100/4 measuring 1 acres 10 guntas situated at Sulaga village, Tq and District Belagavi (item No.14 of Suit Schedule property in O.S.No.331 of 2017 pending on the file of the IV Addl Senior Civil Judge Belagavi), be alienated for the purposes of generating the funds of pay under the present compromise for the permanent alimony and the appellant would not plead equities and further agrees that the properties in CTS No.251/2 of Khadebazar, Shahapur, Belagavi and the flat bearing No.S-01, Gouri Apartment, situated at Second Stage, Rani Channamma Nagar, Belagavi in RS No.709/1 of Anagol village, Tq and Dist Belagavi, could be mortgaged to the Bank for the business purposes of the respondent and family members to the extent of share of the respondent and the appellant has agreed to get the order of injunction order modified in pending MFA No.102690 of 2018 arising out of O.S.No.331 of 2017 passed on I.A.No.1.

3.5. It is submitted that in view of the settlement present appeal, the order of granting maintenance in Cri Misc No.619 of 2013 get merged in the present appeal and the respondent undertakes to withdraw the Revision Petition and from end of December, 2019, the payment of maintenance would stop subject to payment of entire amount agreed by the respondent within 1 month from the date of this settlement and the respondent would not be under any obligation to pay the maintenance in any of proceedings initiated by the appellant claiming maintenance and all claims are adjusted. It is agreed between the parties that the appellant has right to withdraw the amount in deposit before this Hon’ble court as per the interim order of this Hon’ble Court immediately after this settlement.

3.6. It is submitted that the appellant undertakes to withdraw all the criminal miscellaneous proceedings initiated by the appellant before the Family Court and the Magistrate Court, Belagavi viz. Cri Misc No.348 of 2017.

3.7. The appellant undertakes to withdraw the un-numbered Cri Appeal of 2019 filed against the order passed by the Family Court, Belagavi in Cri Misc No. 619 of 2013 and (which has been filed pursuant to liberty having been given by this Hon’ble Court in Cri Pet No.101851 of 2017 dated 11.6.2019) and also undertake to withdraw Cri Rev Pet No.100044 of 2018 pending before this Hon’ble Court arising out of Cri Appeal No.210 of 2017 passed by XI Addl District and Sessions Judge, Belagavi arising out of Cri Misc 308 of 2013 on the file JMFC, II Court, Belagavi.

3.8. The appellant has lodged a compliant under Section 406 and 420 of Indian Penal Code and Section 3(a)(b) of the Protection of Women From Domestic Violence Act, 2005 in Crime No. 137 of 2013 before the Shahapur Police Station and on cognizance being taken by the JMFC, II, Court, Belagavi pursuant to charge sheet/final being filed, in CC No.268 of 2014 under Section 406 and 420 of Indian Penal Code, and the offence being non-compoundable, and inview of the settlement arrived between the parties, and the present proceedings being in relation to the matrimonial dispute on hand, the respondent is file a Criminal Petition under Section 482 of Code of Criminal Procedure and seek for quashing of the proceedings in view of the law laid down by the Hon’ble Supreme Court of India in the matter of Narendra Singh v/s. State of Punjab and the appellant has to accord no-objections for quashing of the proceedings without any claim whatsoever and be present before this Hon’ble Court and to get represented through a counsel for this Hon’ble Court at her own costs.

3.9. Similarly, the proceedings initiated in Crime No.5 of 2014 before the Mahila Police Station, Belagavi under Section 34 and 498A of Indian Penal Code, is pending after the charge sheet being filed before the JMFC, II, Court, Belagavi in CC No.683 of 2015 and inview of the settlement arrived between the parties, and the proceedings being in relation to the matrimonial dispute, the respondent is to move a petition before this Hon’ble Court under Section 482 of Code of Criminal Procedure and seek for quashing of the proceedings inview of the law laid down by the Hon’ble Supreme Court of India in the matter of Narendra Singh v/s. State of Punjab and the appellant has to accord no-objections for quashing of the proceedings without any claim whatsoever and be present before this Hon’ble Court and to get represented through a counsel for this Hon’ble Court at her own costs.

3.10. The appellant has lodged a complaint under Section 498A, 324, 506 r/w Section 34 of IPC and Section 3 and 4 of the Protection of Women From Domestic Violence Act, before the Mahila Police Station in Crime No.19 of 2012 and on the cognizance being taken by the JMFC, II, Court Belagavi and pending consideration in CC No.781 of 2012 under Section 498A, 324, 504, 506 r/w Section 34 of IPC and Section 3 and 4 of the Protection of Women From Domestic Violence Act and the offences being non-compoundable and in relation to the matrimonial dispute, the respondent is to file a petition under Section 482 of Code of Criminal Procedure and seek for quashing of the proceedings inview of the law laid down by the Hon’ble Supreme Court of India in the matter of Narendra Singh v/s. State of Punjab and the appellant has to accord no-objections for quashing of the proceedings without any claim whatsoever and be present before this Hon’ble Court and to get represented through a counsel for this Hon’ble Court at her own costs.

3.11. The appellant has filed a Private Complaint under section 200 of Cr.P.C, for the offences punishable under Section 120-Bm 193, 417, 419, 426, 465 r/w Section 34 of Indian Penal Code, in P.C.No.174 of 2014 and pursuant to completion of investigation by the concerned jurisdictions police and the cognizance being taken by the JMFC, II, Court, Belagavi in CC No.872 of 2019 under Section 120-B, 193, 417, 419, 426, 465 r/w Section 34 of Indian Penal Code and offences being non-compoundable and the dispute being in relation to the matrimonial dispute, the respondent is to file a petition under Section 482 of Code of Civil Procedure and seek for quashing of the proceedings in view of the law laid down by the Hon’ble Supreme Court of India in the matter of Narendar Singh v/s. State of Punjab and the appellant has to accord no-objections for quashing of the proceedings without any claim whatsoever and be present before this Hon’ble Court and to get represented through a counsel for this Hon’ble Court at her own costs.

3.12. The appellant is to request the JMFC, II, Court, Belagavi, wherein CC No.872 of 2019, CC781 of 2012, CC No.683 of 2015 and CC No.268 of 2014 are pending consideration and being tried together pursuant to the orders passed by this Hon’ble Court, to not to proceed further in the matter, in view of

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the settlement before this Hon’ble Court till the appellant files the proceedings before this Hon’ble Court under Section 482 of Cr.P.C. and be present before this Hon’ble Court and to get represented through a counsel for this Hon’ble Court at her own costs. 3.13. The respondent undertakes to pay a sum of Rs.32,00,000/- (Rupees Thirty Two lakhs only) on or before 30th of January 2020 by way of RTGS to account of account of the appellant. 3.14. The appellant and the respondent, undertake to withdraw all pending cases, which are filed/instituted by them, which are expressly stated or not in the present compromise petition as saved by the present compromise petition. 4. The present compromise is without any duress or cohersion or any influence of any body and filed with free mind and with an intention to settle the long standing matrimonial dispute and to end the matrimonial dispute. 3. In terms of Compromise Petition, MFA No.103841/2017 does not survive for consideration. Consequently, Order Passed on IA No.2 in OS No.72/2016 stands disposed off. Further, OS No.72/2016 stands dismissed.
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