Dr. Meena Sehdave & Ors vs Sapna Mordani & Ors

Revati Mohite Dere, CJ

By this petition, the petitioners have impugned the proceeding pending before the learned Chief Judicial Magistrate First Class, Shillong, being C.R. Case No.71(T) of 2024 and a such seek quashing of the said proceeding as well as the summons dated 10th December, 2024, issued in the said proceeding qua the petitioners.

The aforesaid proceeding has been instituted by the respondent No.1 i.e., daughter-in-law of the petitioners.

During the pendency of the aforesaid petition, the parties i.e., the respondent No.1 has amicably settled her dispute with her husband-Dr. Kamaljeet Singh Sehdave i.e., respondent No.2.

Learned counsel appearing for the respondent No.1 has tendered a joint affidavit of the respondent No.1 and respondent No.2. The said joint affidavit is taken on record. In the said joint affidavit, the respondents have stated that they have amicably settled their dispute i.e., matrimonial dispute and have agreed to withdraw cases against each other. The terms and condition for withdrawal of the cases is that respondent No.2 pays the respondent No.1 a sum of ₹32,00,000/- by way of full and final settlement, permanent alimony and maintenance. The said amount is to be paid within six months. It is agreed that till the final payment is made, all pending proceedings between the parties i.e. the respondent No.1 and respondent No.2 and the petitioners, will be kept in abeyance. To the joint affidavit, are annexed the personal undertakings of the respondent No.1 and respondent No.2. The respondent No.1 in her undertaking has mentioned the proceedings instituted by her against her husband i.e., the respondent No.2 and his family members i.e., the petitioners. The details of the proceedings are as under:

"i. Title Suit No.27(T) of 2024 filed by me pending before the Court of Assistant to Deputy Commissioner (Judicial), Shillong;

ii. C.R. Case No.71(T) of 2024 under the Protection of Women from Domestic Violence Act, 2005 filed by me pending before the Court of the Judicial Magistrate First Class, Shillong;

iii. F.R.R. dated 16-11-2024 registered as Laitumkhrah P.S. Case No.212 of 2024 under Sections 498-A/323 IPC and all consequential proceedings arising therefrom;

iv. Any other connected proceedings arising out of the matrimonial dispute between the parties."

In paragraphs 11 and 12, the respondent No.1 has undertaken to withdraw and take necessary steps for closure, quashing or disposal of all cases, complaints, FIRs and other proceedings instituted by her against her husband i.e., the respondent No.2 and his family members (petitioners), in accordance with law, on receipt of the entire settled amount of ₹32,00,000/-. She has also undertaken that on receipt of the said amount, she and respondent No.2, will take steps to dissolve their marriage by way of mutual consent divorce.

In view of the aforesaid, the proceeding mentioned in paragraph 3 sub paragraph ii, of which quashing is sought in this petition, shall be kept in abeyance for a period of six months in order to enable the parties to take appropriate steps.

Considering the aforesaid and joint affidavit of the respondents and the undertaking given by the respondent No.1, nothing survives for consideration in the aforesaid petition and hence, the same is disposed of in view of the amicable settlement between the parties.

List the aforesaid petitions for recording compliance on 21st December, 2026. Liberty to circulate the matter before the next date in the event the full and final amount is paid by the respondent No.2 to the respondent No. 1.

All parties to act on the authenticated copy of this order.