NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL  NO(S).2952/2018

(ARISING FROM SLP (C) NO. 28553/2017)

RAMAKANTH V                                        APPELLANT(S)                                 VERSUS PURNIMA & ANR.                                     RESPONDENT(S)

J U D G M E N T KURIAN, J.

Leave granted. 2. The parties have been in litigation for the last eleven  years.  The  epicenter  of  the  disputes  is matrimonial  discord.  The  matter  reached  this  Court against an order dated 05.09.2017 in C.R.P. No.4273 of 2017 passed by the High Court of Judicature at Hyderabad  for  the  State  of  Telangana  and  for  the State of Andhra Pradesh. 3. We sought the assistance of Ms. Varuna Bhandari, learned counsel, as Mediator. Thanks to her intensive efforts  and  marathon  sittings,  the  parties  have reached  a  settlement.  The  terms  of  the  Settlement have been reduced to writing and it has been duly signed  by  the  parties.  The  said  Settlement  dated 12.12.2017 is already on record and the same shall form part of this judgment. 4. In  terms  of  the  settlement,  the  appellant  has

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paid an amount of Rs.40,00,000/- (Rupees Forty Lakhs only)  to  the  respondent,  which  has  been  duly acknowledged by the respondent.  For the remaining sum of Rs.48,35,000/-, three separate demand drafts are being handed over today to the respondent which have been duly acknowledged by her, in full and final settlement  of  the  amount  due  to  her  from  the appellant. 5. What survives is a small dispute with regard to the  amounts  due  to  ICICI  Bank,  Gachaibouwli, Hyderabad, in respect of the home loan taken by the parties.  ICICI  Bank  was  impleaded  as  additional respondent  by  this  Court  on  12.12.2017.   Learned counsel for the Bank has made a vehement plea for full and final settlement of the entire dues to the Bank by directing the parties to pay the outstanding dues to the tune of Rs.75,75,436/-.  On going through the accounts, we understand that the same includes the  penalty  for  late  payment,  outstanding  interest and some other minor expenses etc. It also includes an  amount  of  Rs.13,45,000/-  paid  to  one  Mr.  G. Krishna  Mohan  on  the  basis  of  a  work  order  dated 16.05.2007. It is the case of the parties that no work as such was executed and, therefore, the parties cannot be bound by the said amount.   6. Be  that  as  it  may,  since  the  Court  has  been making efforts for full and final settlement of all

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the cases between and pertaining to the parties, we requested  the  Bank  to  work  out  a  reasonable settlement of the entire disputes and, accordingly, they  have  shown  the  grace  to  waive  the  penalty, pending interest and miscellaneous charges including the litigation expenses. Still the amount comes up to around Rs.17,00,000/-.   7. Having regard to the facts and circumstances of the case, we are of the view that in the interest of justice  and  fitness  of  things,  ICICI  Bank  should settle the whole outstanding dues for an amount of Rs.15,00,000/-. It is ordered accordingly. 8. The  respondent  shall  pay  an  amount  of Rs.9,00,000/- within a week from today to ICICI Bank, Gachaibouwli, Hyderabad.  The appellant shall pay the remaining  sum  of  Rs.6,00,000/-  within  eight  weeks from  today.  However,  for  the  said  sum  of Rs.6,00,000/-,  the  appellant  will  give  post  dated cheque(s) to ICICI Bank drawn in the name of ICICI Bank followed by the loan account number.   9. Since the disputes are thus settled, we direct ICICI Bank to show loan status of both the parties as ‘settled as paid in full’ so that the parties may not have any difficulty for raising loans in future, if required.  As soon as the loan is closed by realizing the amount of Rs.15,00,000/-, the Bank is directed to issue  ‘No  Dues  Certificate’  and  ‘No  Objection

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Certificate’ to the respondent and original documents will  also  be  returned  to  the  respondent.  The appellant will also execute the Relinquishment Deed, as stipulated in the settlement, and the necessary expenditure in that regard will be borne by him.  10. We make it clear that this settlement is without prejudice to the liberty available to the Bank, if they  are  so  advised,  to  proceed  against  Mr.  G. Krishna Mohan, to whom the amount of Rs.13,45,000/- was disbursed for executing a works contract.   11. In  view  of  the  settlement,  as  above,  the following cases between the parties are dismissed :-

Sl. No.

Case No. Court/Forum

1. O.P.  No.980/2008  seeking divorce

Addl.  Family Court,  city Civil Court at Hyderabad

2. S.A. No.214/2014 DRT, Hyderabad 3. OA.2862/2017 DRT, Hyderabad 4. Crl.P. No.10609 of 2014 High Court of

Judicature  at Hyderabad

5. Interlocutory  Application  Nos. 9932/2014 and 9933/2014 in Crl. P.4421/2012

High Court of Judicature  at Hyderabad

12. Having regard to the settlement of the disputes between the parties, we are of the view that it is only in the interest of justice and for securing ends of justice that the criminal cases are also put an end to. Accordingly, the following case is quashed:

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Sl. No.

Case No. Court/Forum

1. Complaint  under Sec.420,406,468,471 r/w 34 IPC Police Station: S.R. Nagar, FIR No.907/2011  in  which Chargesheet  filed  CC No.1292/2017

ACCM  III, Nampally

13. In view of the settlement, as above, we make it clear that there shall be no further claims against each other.  We also make it clear that the parties shall not institute any civil or criminal proceedings against  each  other  in  respect  of  the  disputes referred  to in  the settlement,  which has  become a part  of  this  judgment,  without  express  permission from this Court.   14. Since the case pertaining to the release of the Passport of the appellant has been disposed of, the appellant stands discharged from the Bank Guarantee executed for release of the Passport.   15. We record our appreciation for the painstaking and strenuous efforts taken by the learned mediator and  for  the  cooperation  extended  by  the  learned counsel  for  the  parties  on  either  side  and  the learned counsel for the Bank for the grace shown for a reasonable settlement between the parties.  16. The appeal is, accordingly, disposed of. 17. Pending  applications,  if  any,  shall  stand disposed of.

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18. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [MOHAN M. SHANTANAGOUDAR]  NEW DELHI; MARCH 19, 2018.

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