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NON-REPORTABLE IN SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.101-102 OF 2016 (Arising out of SLP(C) Nos. 34943-34944 of 2015)

PRIYANKA CHAWLA                                    APPELLANT                                 VERSUS

AMIT CHAWLA                                        RESPONDENT

J U D G M E N T  KURIAN,J.

Leave granted. 1. The appellant and respondent were duly married on 26th  

April, 2007. Unfortunately, after a couple of years, differences  started  between  them  which  culminated  in  a  decree  of  divorce  granted by the Family Court, Ghaziabad on 20th September, 2014 in  case No.765/2011, on the ground of cruelty.

2. The matter was pursued before the High Court of Ahallabad  leading to the impugned judgment  dated 09.09.2015. The High Court  confirmed the decree of divorce. However, regarding the permanent  alimony, despite the compromise said to have been entered between  the parties for a total amount of Rs.36.50 lacs, the High Court  reduced the amount to Rs.29.50 lacs.

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3. It is not in dispute that an amount of Rs.21 lacs had  already been paid by the respondent before the High Court.

4. Learned  Counsel  appearing  for  the  respondent-husband  submits that pursuant to the order passed by the High Court, a  further amount of Rs.5 lacs has also been deposited with the Family  Court, Ghaziabad.

5. When the matter came up before this Court on 04.01.2016,  having regard to the submissions made by the counsel for both sides  that the parties would like to have a peaceful settlement of the  entire disputes, they were directed to appear before this Court in- person. Accordingly, the appellant- Ms. Priyanka Chawla accompanied  by her father–Mr. Girish Arya and respondent – Mr. Amit Chawla are  present before the Court.    

6. It is agreed that in addition to the amount of Rs.21 lacs  paid by the respondent/husband, a further amount of Rs.5 lacs will  be paid within a period of six months.  7. It is also agreed between the parties that the decree of  divorce granted by the Family Court, Ghaziabad on 20.09.2014 be set  aside and the parties be granted divorce by mutual consent on a  joint petition that is filed by the parties before this Court.

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8. It  is  also  agreed  that  all  other  civil  and  criminal  litigations  between  the  parties,  as  of  now,  pending  in  various  courts, be also put an end to.

9. Accordingly, these appeals are allowed in the following  terms:-

1. FIR  No.2396  of  2009  P.S.  Indirapuram  dated  04.10.2009  under Section 498A IPC, FIR No.701/2010 lodged by Ms. Vinod  Kumari Chawla under Sections 147, 323, 452, 509, 506, 427,  379  IPC  P.S.  Indirapuram,  Ghaziabad  dated  01.04.2010  and  Complaint Case No.4953 of 2010 lodged by Girish Chandra Arya  under Section 156(3) Cr.P.C. dated 18.06.2010 under Section  879 IPC shall stand quashed. 2. Domestic Violence Case No.96 of 2010 under section 12  of  Protection  of  Women  From  Domestic  Violence  Act,2005  pending before the 2nd ACJM, Ghaziabad and Maintenance Case  No.1  of 2012  pending before  1st Additional  Civil Judge,  S.D., Ghaziabad shall stand quashed. 3. The proceedings initiated by the appellant under Section  125 Cr.P.C.  in Maintenance Case No.625/2011 pending before  the ACJ, Ghaziabad shall also stand quashed. 4. Having regard to the fact that a decree for divorce had  already been granted as early as on 20.09.2014, in the  interests of justice and for doing complete justice,  the  cooling period is waived and the parties are granted a  decree of divorce by mutual consent. 5. The appellant is permitted to withdraw the demand draft  of Rs.5 lacs deposited by the respondent before the Family  Court, Ghaziabad.

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6. The respondent will pay the remaining amount of Rs.5  lacs by way of demand draft, drawn in the name of Ms.  Priyanka-appellant on or before 30.06.2016.

10. We  appreciate  the  sincere  efforts  made  by  the  learned counsel for the parties for an amicable settlement between  the parties and also the cooperation rendered by the parties.  11. No costs.

 ....................J.   (KURIAN JOSEPH)

....................J. (ROHINTON FALI NARIMAN)

NEW DELHI; 8TH JANUARY, 2016

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