Supreme Court - Daily OrdersNand Kishore Dev Kishan Sikchi vs State Of U.P. on 14 March, 2014>
ITEM NO.211                   COURT NO.7               SECTION II


              S U P R E M E     C O U R T   O F    I N D I A
                             RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).9957/2011
(From the judgment and order dated 28/11/2011 in CRLMA No.33950/2011         of
the HIGH COURT OF JUDICATURE AT ALLAHABAD)

NAND KISHORE DEV KISHAN SIKCHI & ORS.                   Petitioner(s)

                   VERSUS

STATE OF U.P. & ANR.                              Respondent(s)
(With appln(s) for vacating stay and exemption from filing O.T.             and
permission to file additional documents and stay and office report)
[FOR FINAL DISPOSAL]

Date: 14/03/2014    This Petition was called on for hearing today.

CORAM : HON’BLE MR. JUSTICE SURINDER SINGH NIJJAR
        HON’BLE MR. JUSTICE A.K. SIKRI

For Petitioner(s)            Mr.   S.R. Singh, Sr. Adv.
                             Mr.   Avnish Singh, Adv.
                             Ms.   Sunita Pandit, Adv.
                             Mr.   Ankur Yadav, Adv.
                             Mr.   Mohd. Muztaba, Adv.
                             Mr.   Yash Pal Dhingra, Adv.

For Respondent(s)            Mr. Trideep Pais, Adv.
                             Mr. Dharini Ravi, Adv.
                             Mr. Nikhil Nayyar, Adv.

                             Mr. Vikrant Yadav, Adv.
                             Ms. Pallavi Pratap, Adv.
                             Mr. Abhisth Kumar, Adv.


           UPON hearing counsel the Court made the following
                               O R D E RLeave granted.The appeal is disposed of in terms of the signed order.|(VINOD LAKHINA)                            | |(INDU BALA KAPUR)                  |
|COURT MASTER                               | |COURT MASTER                       |



                      (SIGNED ORDER IS PLACED ON THE FILE)

                            IN THE SUPREME COURT OF INDIA


                         CRIMINAL APPELLATE JURISDICTION


                       CRIMINAL APPEAL NO. 604 OF 2014
        [Arising out of Special Leave Petition (Criminal) No.9957 of
                                    2011]
NAND KISHORE DEV KISHAN
SIKCHI & ORS.                      ...APPELLANTS


                       VERSUS


STATE OF U.P. & ANR.              ...RESPONDENTS


                          ORDER




      Leave granted.By order dated 7th February, 2014, we had referred the
parties to mediation to see if an amicable settlement can be
reached. Mediation report has been received. The parties have
entered into settlement agreement dated 7th March, 2014 and most
of the disputes between them have been resolved.The marriage between Shravan Nand Kishore Sikchi s/o Nand
Kishore Dev Kishan Sikchi, r/o N.D. Nest Manas, Ganesh Vihar,
P.S. Raja Pesth, District Amrawati, Maharashtra and Malike Saba
d/o Ehtashamul    Haque,   r/o   Apartment   No.3067,   Prestige
Shantiniketan Whitefield Road, Bangalore-560048 - respondent
No.2 herein was solemnized under the provisions of theSpecial
Marriage Act, 1954on 18th March, 2010....2/-:2:We are informed that both the parties have filed petitions
for decree of divorce underSection 27of the Special Marriage
Act, 1954.Considering the entire fact situation, we are satisfied
that the marriage between the parties is well and truly dead and
there is no possibility of revival.In that view of the matter, in exercise of our power underArticle 142of the Constitution of India to prevent further
misery being caused to both the parties, the petitions filed by
both the parties underSection 27of the Special Marriage Act,
1954 are converted to Petition underSection 28of the Special
Marriage Act, 1954.Section 28of the Special Marriage Act,
1954 reads as under:"28. Divorce by mutual consent.- (1) Subject to the
      provisions of this Act and to the rules made thereunder, a
      petition for divorce may be presented to the district court
      by both the parties together on the ground that they have
      been living separately for a period of one year or more,
      that they have not been able to live together and that they
      have mutually agreed that the marriage should be dissolved.
                                                              ...3/-:3:(2)     On the motion of both the parties made not earlier
      than six months after the date of the presentation of the
      petition referred to in sub- section (1) and not later than
      eighteen months after the said date, if the petition is not
      withdrawn in the meantime, the district court shall, on
      being satisfied, after hearing the parties and after making
      such inquiry as it thinks fit, that a marriage has been
      solemnized under this Act and that the averments in the
      petition are true, pass a decree declaring the marriage to
      be dissolved with effect from the date of the decree."In view of the settlement arrived at between the parties,
the marriage solemnized between the parties under the provisions
of theSpecial Marriage Act, 1954on 18th March, 2010 is
dissolved on the ground of mutual consent.   The terms of the
settlement agreement shall form part of this order and a decree
of divorce is granted.In view of the above, FIR No.660/2010 referred to in
clause 1 (i) of the settlement agreement dated 7th March, 2014
is hereby quashed and Complaint Case No.1104/2011 filed by
Shravan Nand Kishore Sikchi s/o Nand Kishore Dev Kishan Sikchi,
r/o N.D. Nest Manas, Ganesh Vihar, P.S. Raja Pesth, District
Amrawati, Maharashtra against the parents
                                                          ...4/-:4:and family members of Malike Saba d/o Ehtashamul Haque, r/o
Apartment No.3067, Prestige Shantiniketan Whitefield       Road,
Bangalore-560048 - respondent No.2 herein before the learned
Chief Judicial Magistrate, Amravati, Maharashtra, referred to in
clause 1(ii) of the aforesaid settlement agreement shall stand
dismissed.The parties are directed to adhere to   the   terms   of   the
aforesaid settlement agreement.Let the decree of divorce be drawn up in the above terms.The appeal is disposed of in the above terms.....................,J.(SURINDER SINGH NIJJAR)




                                          ....................,J.(A.K. SIKRI)
NEW DELHI
MARCH 14, 2014