10 October 2011
Supreme Court
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DEVENDRA KUMAR SHARMA Vs BHAVNA SHARMA

Bench: DALVEER BHANDARI,DEEPAK VERMA
Case number: C.A. No.-008535-008535 / 2011
Diary number: 21679 / 2007
Advocates: PRATIBHA JAIN Vs MOHD. IRSHAD HANIF


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IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 8535   OF 2011

(Arising out of SLP(C) No.18439/2007)

DEVENDRA KUMAR SHARMA                      Appellant(s)

                    :VERSUS:

BHAVNA SHARMA                Respondent(s)

O R D E R

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.16  

lakhs, 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.

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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 in  

view 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.  

.....................J (DALVEER BHANDARI)

.....................J (DEEPAK VERMA)

New Delhi; October 10, 2011.