- (1.) Heard. Leave granted. This appeal arises out of an order dated 28th March, 2012 passed by the High Court of judicature at Allahabad whereby Crl. Revision No. 5734 of 2010 filed by the Appellants herein against an order passed by the trial court in Complaint Case No. 5239 of 2010 summoning the Appellants for offences punishable under Sections 500 and 506 of Indian Penal Code, has been dismissed with a direction that in case the Appellants appear and surrender before the Magistrate concerned and pray for bail their bail applications shall be heard and disposed of expeditiously. When this mailer came up before us on 8th May, 2012 we referred the parties to Mediation Centre, Supreme Court of India, to explore the possibility of an amicable settlement in regard to all outstanding matrimonial and other disputes between them. A settlement was accordingly attempted and finalised with the help of the Mediation Centre which fact was brought to our notice on 24th August, 2012 by learned Counsel for both the parties. It was also submitted by learned Counsel that the parties had agreed to part company for good by filing a joint petition under Section 13(B) of the Hindu Marriage Act. Learned Counsel for the parties prayed that this Court could entertain a joint petition under Section 13(B) of the Act and pass a decree for dissolution of marriage. That prayer was declined by us for we felt that the proper course for the parties was to approach the competent court and seek appropriate orders from it.
(2.) When the matter came up again today, learned Counsel for the parties pointed out that pursuant to the settlement arrived at between the parties with the help of Mediation Centre, joint petition, No. 113 of 2012 under Section 13(B) of the Hindu Marriage Act seeking a decree of divorce by mutual consent was filed before the Additional District Judge, Karnal, which petition has since been allowed and a decree for divorce dissolving the marriage between the parties passed by mutual consent. Learned Counsel for Respondent No. 2-wife has filed a certified copy of the order passed by the additional District Judge, Karnal, on a reading whereof it appears that the marriage between the parties has indeed been dissolved by mutual consent in terms of Section 13(B) of the Act with a direction that the parties shall be bound by the terms of the settlement arrived at between them.
(3.) Learned Counsel for the parties now submits that in the light of the settlement and the subsequent development under which the marriage between the Appellant No. 2-Shweta and Respondent No. 2-Gaurav Dhooper stands dissolved, nothing really survive for consideration as all other outstanding disputes including criminal cases lodged by the parties against each other stand withdrawn, in the light of the settlement. They have in that regard drawn our attention to paras "6" to "8" of the settlement arrived at between them which read as under: 6. The details of cases filed by the Petitioners: (a) Case FIR No. 713/2009 Under Section 498A, 406, 506 read with 34 Indian Penal Code pending before the Civil Judge, Jr. Division, Karnal (Haryana) filed by the Petitioners No. 2 against the Respondents. (b) Case Under Section 125 Code of Criminal Procedure. Titled "Shweta" v. Gaurav Dhooper" pending before Civil Judge, Jr. Division, Karnal (Haryana) filed by the Petitioner No. 2 against the Respondent No. 2. (c) Present Special Leave Petition (Crl.) No. 3180/2012 filed by the Petitioners against the Respondents. (7) The details of cases filed by the Respondents: (a) Crl. Complaint Case No. 5239/2010 Under Section 500 and 506 Indian Penal Code pending before Ld. ACJM, Third, Ghaziabad (U.P.) filed by Respondents against the Petitioners. (b) Divorce Petition filed by the Respondent No. 2 against the Petitioner No. 2 at Ghaziabad (U.P.) titled "Gaurav Dhooper v. Shweta Dhooper" which has been transferred by this Hon'ble Court and is now pending before Ld. A.D.J./A.S.J., Karnal (Haryana). (c) Crl. Revision No. 38/2012 against the order of interim maintenance pending before the Ld. A.D.J./A.S.J. Karnal (Haryana) filed by the Respondent No. 2 against the Petitioner No. 2. (d) Crl. Petition No. 23607/2011 filed by the Respondent No. 2 against the Petitioner No. 2 in respect of Section 340 Code of Criminal Procedure. Pending in the High Court of Punjab and Haryana at Chandigarh. 8. Both the parties herein undertake to withdraw all the above pending cases and applications therein filed by them against each other before any court of law or any other forum.;