Ankur Singh vs The State Of Madhya Pradesh on 4 April, 2025

Supreme Court – Daily Orders

Ankur Singh vs The State Of Madhya Pradesh on 4 April, 2025

Author: Rajesh Bindal

Bench: Rajesh Bindal

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                                       IN THE SUPREME COURT OF INDIA
                                       CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL APPEAL NO.1960 /2025
                                        [@ SLP [CRL.] NO.11001/2023]


                         ANKUR SINGH                                         Appellant(s)

                                                         VERSUS

                         THE STATE OF MADHYA PRADESH & ANR.                   Respondent(s)


                                                    O R D E R

Leave granted.

The present appeal has been filed by the

appellant-husband challenging the impugned order of

the High Court wherein the High Court refused to

quash the charges framed against him for the offences

punishable under Sections 498A, 377, 406, 323, 294

and 506 of the Indian Penal Code, 1860 (for short,

‘IPC’) and Sections 3 and 4 of the Dowry Prohibition

Act, 1961. However, the challenge in present appeal

is confined to the framing of charge under Section

377 of IPC alone.

The appellant and respondent No.2, being husband

and wife, were referred to mediation vide order of

this Court dated 03.01.2025 and the same was

successful. The parties entered into a Settlement

Agreement dated 03.02.2025.

Signature Not Verified

Digitally signed by
ASHA SUNDRIYAL
Date: 2025.04.16
17:00:40 IST
Reason:

Pursuant to the aforesaid agreement, an

application being IA NO.76526/2025 has been filed
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jointly by the appellant and respondent No.2, seeking

the following reliefs:

“(a) Allow the present application filed
under Article 142 of the Constitution of
India invoking inherent powers of this
Hon’ble Court under Article 142 of the
Constitution of India for issuance of a
decree of divorce by mutual consent in
H.M.A. No.723 of 2023 pending before the
Court of Principal Judge, Family Court,
Indore, Madhya Pradesh as parties are
staying separately since 2021;

(b) quash the criminal proceedings of Case
No.Criminal Revision No.694/2024 pending
before Sessions Court, Indore (M.P.);

(c) quash the criminal proceedings of
Sessions Trial No.136/2023 pending between
the parties before Sessions Court,
Indore(M.P.);

(d) quash the criminal proceedings of UNCR
No.1678/2024 pending before the Court of
Judicial Magistrate First Class Indore
(M.P);

(e) grant liberty to withdraw the case
No.MJCR 3917/2023 pending between the
parties before District and Sessions Court,
Indore (M.P.);

(f) grant liberty to withdraw the case
No.RCS HM 723/2023 pending before the
Family Court, Indore (M.P.) pending between
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the parties;

(g) Pass any other order/orders as may be
deemed fit and proper in the facts and
circumstances of the case.”

Learned counsel for both the parties submit that

in terms of the application filed in pursuance of the

settlement arrived at between the parties on

03.02.2025, orders may be passed by this Court

invoking Article 142 of the Constitution of India.

We have also perused the relevant records to the

appeal. Even on merits, we are inclined to quash the

criminal proceedings.

Considering the submissions made, the IA

No.76526/2025 is allowed and the parties are granted

divorce by mutual consent by invoking powers under

Article 142 of the Constitution of India.

Consequently, all the pending proceedings

referred to above shall stand quashed. There shall be

a decree of divorce drawn accordingly and the parties

shall have no further rights or claims as against

each other. We make it clear that the parties shall

not initiate any civil/criminal proceedings against

each other.

We also make it clear that UNCR No.1678/2024,

pending before the Court of Judicial Magistrate First

Class, Indore(M.P) and Criminal Revision No.694/2024
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pending before the Sessions Court, Indore (M.P.)

stand closed. A copy of this order be sent to all

the Courts concerned for placing the same on files of

the respective cases and consign these to record.

The appeal stands allowed, accordingly.

Pending application(s), if any, shall stand

disposed of.

……………….J.
[M.M. SUNDRESH]

……………….J.
[RAJESH BINDAL]
NEW DELHI;

APRIL 04, 2025.

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ITEM NO.36               COURT NO.8                  SECTION II-A

               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).   11001/2023

[Arising out of impugned final judgment and order dated 31-07-2023
in CRLR No. 1615/2023 passed by the High Court of Madhya Pradesh at
Indore]

ANKUR SINGH Petitioner(s)

VERSUS

THE STATE OF MADHYA PRADESH & ANR. Respondent(s)

IA NO.76526/2025- JOINT APPLICATION
IA No. 177994/2023 – EXEMPTION FROM FILING O.T.
IA No. 176381/2024 – VACATING STAY

Date : 04-04-2025 This matter was called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE RAJESH BINDAL

For Petitioner(s) Mr. Praveen Swarup, AOR
Mr. Praveen Swarup, Adv.

Ms. Pareena Swarup, Adv.

Mr. R.k. Singh, Adv.

Mr. Ravi Kumar, Adv.

Mr. Saurabh Rohilla, Adv.

Mr. Devesh Maurya, Adv.

For Respondent(s) Mr. Abhimanyu Singh, Adv.

Mr. Pashupathi Nath Razdan, AOR

Mr. Sudhansu Palo, AOR
Ms. Nikita Shrivastava, Adv.

UPON hearing the counsel the Court made the following
O R D E R

Leave granted.

The appeal stands allowed in terms of the signed

order.

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Pending application(s), if any, shall stand

disposed of.

(ASHA SUNDRIYAL) (POONAM VAID)
DEPUTY REGISTRAR ASSISTANT REGISTRAR
[Signed order is placed on the file]