Leave granted.
2. The above appeal is filed against the rejection of an
application under Section 482 of the Criminal Procedure
Code, 1973, wherein the prayer was to quash the entire
proceedings in Criminal Case No. IX of 2024 arising out of
Case Crime No.177 of 2023 instituted in the Mahila Thana,
District Mathura and pending in the Court of Civil Judge
(J.D.)/F.T.C.(C.A.W)/Judicial Magistrate, Mathura. When
the matter came up before this Court for hearing on
09.09.2025, the original two appellants and the additional
matter has been settled, and certain issues have to be
thrashed out, before full compliance is reported by filing a
joint application.
3. Today when the matter came up, the husband and wife
were present before us. We were told that the matter has
been settled and together with the terms of settlement, a
joint application has been filed under Article 142 of the
Constitution of India seeking dissolution of the marriage.
The husband and wife (the third appellant and the second
respondent) have agreed to go their independent ways on
a final settlement of Rs.30,00,000/- (Rupees Thirty Lakhs) by
the third appellant to the second respondent. We extract
hereunder paragraph Nos.11 to 14 of the joint application
and the tabulated chart of various cases pending before the
various courts/authorities, instituted by the parties against
each other: -
11. That the petitioner No.3 has already made a draft
of Rs. 15,00,000/- (Rs. Fifteen Lakh Only) bearing
no.403661 dated 12.12.2025 drawn on Punjab
National Bank in favour of Kanishka Singh (wife).
Further, the Demand Draft bearing No. 403556 dated
19.05.2025 for Rs.15,00,000/- (Rs. Fifteen Lakh only)
drawn on Punjab National Bank in favour Kanishka
Singh (wife) which was returned to the petitioner in
terms of para 9(g) of the final Settlement agreement,
is revalidated as on 15.12.2025. True copy of Demand Drafts bearing No.403661 dated 12.12.2025 & No.
403556 dated 15.12.2025 each of Rs.15.00 lakhs are filed herewith and marked as Annexure-A-5 (Page
26).
12. That as per the terms of para 9(a) of the final
Settlement Agreement, both the parties have agreed
to live separately and mutually settle to dissolve their
relationship as husband and wife by filing a joint Petition under Section 13 B of the Hindu Marriage Act
before the appropriate court.
13. That vide para 9(k) of final settlement agreement,
it was further agreed among the Petitioners and the Respondents that all the civil and criminal cases filed
by them against each other or their family members regarding present matrimonial dispute shall be
withdrawn by the parties concerned by taking appropriate steps. That the parties, in the meantime,
in view of point 7 (f) of the interim settlement, have already file withdrawal/compromise applications, in
the cases filed by them against each other.
A list of cases filed by the Respondent No. 2 against
the Petitioners, is reproduced hereunder as:
S.No. Case Number Before Pending/ Disposed
1.FIR No.177 of PS Mahila Thana, Mathura, Pending 2023 Uttar Pradesh
2.Case No.1142 Ld. Principal Judge, Family Pending of 2023 Court, Mathura
3.Case No.3779 Ld. Civil Judge-6, Mathura, Pending of 2023 Uttar Pradesh
4.Case No.36720 Ld. Civil Judge-10, Mathura, Pending of 2024 Uttar Pradesh
5.A-482/22477/ Before the Hon’ble High Pending 6. 528 B.N.S.S. Before the Hon’ble High Pending No. – 14696 of Court of Judicature at 2025 Allahabad, Allahabad 10. Complaint to Executive Engineer Pending the (Division) EUDD-1 Bareilly Department of petitioner no.3 vide letter dated 29.02.2024 A list of cases filed by the Petitioners against the Respondent, is reproduced hereunder as: S.No. Case Number Before Pending/ Disposed 1. Case No.895/2024 Court – ACJ (JD) 3rd Pending “Vishal Gautam Vs Bareilly Kanishka Singh and Others” U/s 380/323 /504/506 IPC PS Kotwali Bareilly 2. Case No.8660/2024 Court – ACJ (JD) 3rd Pending Vishal Gautam vs. Bareilly Kanishka Singh and Others U/s 506 IPC & 3 DP Act 3. Case No.179/2025 Vishal Court of Additional Pending Gautam Vs. Kanishka Principal Judge, Singh, U/S. 379 BNSS, PS Family Court, Sadar, Mathura Mathura 4. Case No. 10101/2025 Court of Civil Judge Pending “Vishal Gautam Vs. Junior Division 6, Kanishka Singh, U/S. 379 Mathura BNSS, PS Sadar, Mathura 5. FIR No.347/2025, Thana FR Madiyaon, District Lucknow
6.Case No. 3037/2024 ACJM-1st Pending Baburam Vs. Charan Shahjahanpur (U.P.) Singh & Others U/S- 504, 506 IPC PS – Roza
7.Miscellaneous Case No. ASJ-5 Shahjahanpur Pending 82/2025 Baburam Vs Pushpa Singh & Others. U/s 379 BNS, P.S. Roza
8.Case No.72/2025 Court No.31, A.C.J Pending Baburam Vs Charan (J.D.), Shahjahanpur Singh and Others, P.S. Roza
9.Case No.202/25 U/S 35 Bar Council of Uttar Pending Advocates Act, 1961 Bar Pradesh Council of Uttar Pradesh Vishal Gautam vs. Subhash Kumar 10. Case No.1948/2023 Court of Principal Disposed “Vishal Gautam Vs. Judge, Family Court, Kanishka Singh” u/s 09 of Bareilly. Hindu Marriage Act 14. The parties herein undertake to remove all photo/video relating to each other and their family members from all social media platforms and also undertake not to upload any photo/video of each other or each other's family member on any social media portal in future. 4. It is submitted that the demand drafts as above have already been handed over to the second respondent’s counsel, which are to be encashed. In addition, the parties have agreed that the cases mentioned in the table above will not be proceeded with. It is also agreed that all photos/videos relating to each other and their family members uploaded on the social media would be deleted and it is undertaken by both the parties that they shall not upload any such photo/videos touching upon the strained relationship on any website. 5. The undertaking by each of the parties is recorded. It is directed that the cases/proceedings indicated in the table hereinabove shall be closed on the certified copy of this order being produced before the concerned court/ authority. Considering the fact that the marriage has irretrievably broken down, we invoke the power under Article 142 of the Constitution of India to dissolve the marriage between the third appellant and the second respondent under Section 13B of the Hindu Marriage Act, 1955. The Registry shall draw up a decree for issuance to the parties. 6. The appeal stands allowed with the above directions and the decree of dissolution of marriage. 7. Pending applications, if any, shall also stand disposed of. (AHSANUDDIN AMANULLAH) (K. VINOD CHANDRAN) NEW DELHI DECEMBER 18, 2025.