Chandra Shekhar Barola & Others vs Deepti Badola & Another & Others

Sharad Kumar Sharma, J

These are two criminal revisions. The Criminal Revision No. 361 of 2017 'Chandra Shekhar Badola vs. Smt. Deepti Badola & Another' has been preferred by the revisionist-husband as against the grant of maintenance to the tune of Rs. 14,000/- in Miscellaneous Criminal Revision No. 148 of 2012 'Smt. Deepti Badola & Another vs. Chandra Shekhar Badola' as passed by the learned court below while exercising its powers under Section 125 of Cr.P.C. Simultaneously, the connected revision being Criminal Revision No. 76 of 2018 'Smt. Deepti Badola & Another vs. Chandra Shekhar' has been preferred by the revisionist-wife praying for an enhancement of the amount as determined by the Court below, i.e. the Family Judge, Family Court, Nainital, by the impugned order dated 25.08.2017.

When the revisions were clubbed together and thereafter in pursuance to the various orders passed by this Court from time to time particularly on 02.07.2018 onwards, various attempts for mediation were made to settle the dispute between the parties and ultimately as per the mediator's report submitted on 02.09.2019, which has been provided in the connected Criminal Revision No. 76 of 2018, the mediator has observed that as a consequence of the efforts for mediation the parties have agreed for entering into some mutual settlement by way of a permanent alimony by providing a one time settlement of amount payable, for settlement of the controversy, which is prevailing between the parties by way of the criminal proceedings as against the order of acquittal, which has been put to challenge by the revisionist-wife.

Ultimately, today all the parties have appeared in person, duly identified by their respective counsels, the mediator made the efforts and consequently he has submitted his report dated 11.09.2019, whereby, the parties have settled their dispute in the terms as provided therein. The said settlement, which is quoted hereunder, will constitute to be the part of the adjudication of the present criminal revisions:

"There is a mutual settlement between the parties that husband Sri Chandra Shekhar Barola agree that he will pay amount of Rs. 25 lacs (twenty five lacs) in terms of permanent alimony to his wife Smt. Deepti Barola.

The above amount also includes the maintenance of his daughter Vasundhara Barola.

Parties have told that there is a Criminal Appeal No. 158 of 2018 Deepti Barola Vs. State pending before 1st ADJ Court, Haldwani which has been field by Smt. Deepti Barola against the acquittal of her husband and Smt. Deepti Barola will withdraw the above appeal on next date fixed 13.09.2019 in the 1st ADJ Court, Haldwani.

It is also resolved between the parties that husband will pay the above agreed amount i.e. Rs. 25 lacs (twenty five lacs) in five installments, in which first installment of Rs. 4 lacs (four lacs) in form of cheque will be given by the husband to his wife in front of Family Court on the date of filing petition of mutual divorce in the Family Court, Haldwani which has been filed within one month from today.

The next three installments are of amount of Rs. 4 lacs, (four lacs) Rs. 4 lacs (four lacs) and Rs. 5 lacs (five lacs) in the form of post dated cheque will be given by the husband to his wife in front of Family Court on the date of filing petition of mutual divorce in the Family Court, Haldwani. Sri Chandra Shekhar Barola ensures that no cheque will be dishonored.

The last installment of amount of Rs. 8 lacs (eight lacs) in the form of demand draft will be given by the husband on the date of decision of mutual divorce in the Family Court.

It is also resolved that there will be no visiting right of husband or any member of his family for meeting his daughter till she attains majority and Smt. Deepti Badola will not claim any future maintenance and any right in the property of her husband and his ancestral property.

Parties will bear their own cost."

The parties, who are present today, they admit to have duly endorsed the settlement, which in turn is duly verified by their respective counsels and as per the mutual settlement, the revisionist-husband has agreed to pay a sum of Rs. 25 lakhs by way of permanent alimony to be paid to the respondent-wife of Criminal Revision No.361 of 2017. It is made clear that this amount thus awarded by way of permanent alimony will be inclusive of the maintenance payable towards the daughter Basundhara, who is presently residing with the respondent-wife of the Revision No. 361 of 2017.

It has also been settled between the parties that the criminal appeal, which has been filed by Deepti Badola being Criminal Appeal No. 158 of 2018 'Deepti Badola vs. State' pending before the 1st ADJ Court, Haldwani, as against the order of acquittal, that would be withdrawn by the respondent-wife on the next date fixed before the court below, i.e. 13.09.2019.

The total amount as settled by clause-1 of the report of the Registrar (Judicial) dated 11.09.2019 has been agreed to be paid in five installments. The first installment of Rs. 4 lakhs to be paid to the respondent-wife by way of draft. The remaining three installments would be paid by the revisionist-husband at the time when the proceeding by way of Section 13B is initiated jointly by both the parties for seeking dissolution of their marriage, which was solemnized between them on 08.05.2006.

On filing of the proceedings under Section 13B, whichever Court is seized with the matter is expected to make all efforts to decide the matter as expeditiously as possible but no later than the time period provided under Section 21B of the Hindu Marriage Act. The last installment of Rs. 8 lakhs as directed by the Registrar (Judicial) in its report dated 11.09.2019 would be remitted by the revisionist-husband to the respondent-wife after the grant of the decree under Section 13B by way of a bank draft.

It is further being resolved that there would be no meeting rights, which would be claimed by the revisionist-husband for meeting his daughter till she attains the age of majority. Since having said so, the report of 11.09.2019 is directed to constitute to be part of today's order and subject to the aforesaid conditions, which is to be followed, this revision is closed and, accordingly, the parties are directed to proceed in accordance with the terms, which have been agreed by them in pursuance to the settlement of 11.09.2019.

Consequently, the revisions are closed in terms of settlement dated 11.09.2019 entered by the parties before this court.