Supreme Court – Daily Orders
Awadh Narayan Saxena vs Shalini Saxena on 14 July, 2025
Bench: Sudhanshu Dhulia, Aravind Kumar
1
ITEM NO.45 COURT NO.8 SECTION II-E
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). 6176/2024
[Arising out of impugned final judgment and order dated 14-03-2024
in MCRL No. 10414/2024 passed by the High Court of Madhya Pradesh
Principal Seat at Jabalpur]
AWADH NARAYAN SAXENA & ORS. Petitioner(s)
VERSUS
SHALINI SAXENA & ANR. Respondent(s)
IA No. 104436/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 109581/2024 - EXEMPTION FROM FILING O.T.
IA No. 104434/2024 - EXEMPTION FROM FILING O.T.
IA No. 109576/2024 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/
FACTS/ANNEXURES
Date : 14-07-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA
HON'BLE MR. JUSTICE ARAVIND KUMAR
For Petitioner(s) : Mr. Sriharsh Nahush Bundela, AOR
For Respondent(s) : Mr. Sandeep Sudhakar Deshmukh, AOR
Mr. Rajiv Wassan, Adv.
Mr. Nishant Sharma, Adv.
Mr. Ankur S. Savadikar, Adv.
Mr. Viraj M. Parakh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioners have come up before this Court for quashing of
an FIR, bearing Crime No. 0113 of 2024 dated 27.02.2024 registered
at P.S. Nowgaon, Chhatarpur, Madhya Pradesh under Section 498A,
323, 506 read with Section 34 of the Indian Penal Code and Sections
Signature Not Verified
3 and 4 of the Dowry Prohibition Act.
Digitally signed by
Jayant Kumar Arora
Date: 2025.07.19
13:32:15 IST
Reason:
The marriage between PetitionerNo. 5 – Arvind Saxena and
Respondent No. 1 – Shalini Saxena was solemnized on 28.04.2017 and
2
since October, 2017, they have been living separately.
During the course of hearing, efforts were made between the
parties to bring down a mutual settlement and vide order dated
31.01.2025, by the consent of the parties, the matter was referred
to the Supreme Court Mediation Centre for an amicable settlement of
the disputes. By virtue of the mediation and the efforts of both
the parties, a settlement has been arrived at between the parties.
The terms of the Settlement Agreement dated 03.05.2025 are
reproduced as under :-
“SETTLEMENT AGREEMENT
This Settlement Agreement is entered into between
Petitioner- Awadh Naryan Saxena S/o Late Shri
Baijnath Saxena, R/o. Ward No. 40, Pholadi Kalam
Marg, Chetgiri Colony, Chhatarpur, District
Chhatarpur-Madhya Pradesh (here in after referred
to as Petitioner-1, Father In law) and Petitioner
No.5 Arvind Saxena (referred as Husband) R/o Ward
No. 40, Pholadi Kalam Marg, Chetgiri Colony,
Chhatarpur, District Chhatarpur-Madhya Pradesh and
Ms. Shalini Saxena D/o Rampratap @ Subhash Saxena,
R/o In front of Kuldeep Marriage House, Ward No.
10, Nowgwon District Chhatarpur (Madhya Pradesh)
(here in after referred to as Respondent-1 wife).
1. Whereas the marriage between the petitioner-
husband and respondent wife was solemnized as per
Hindu rites and ceremonies on 28.04.2017 at Gaytri
Palace, Now Gaon, Chhatarpur-Madhya Pradesh. After
marriage parties resided together at Chhatarpur –
Madhya Pradesh and there is no issue out of
wedlock.
2. Both the parties resided together as husband and
wife intermittently till October 2017, and
3
thereafter disputes and differences arose between
the parties and since then she is staying with her
parents at Nowgaon-Madhya Pradesh. The respondent
wife filed divorce petition no. RCSHM No. 30/2023
before the District Judge-I, Chhatarpur-Madhya
Pradesh seeking dissolution of marriage.
3. Whereas the Parties have filed following cases
against each other:-
(i) Respondent No.1 wife has filed divorce petition
no. RCSHM No. 30/2023 before the District Judge-I,
Chhatarpur-Madhya.
(ii) Respondent No.1 wife has lodged FIR No. 0113/2024
dated 27.02.2024, PS. Nowgaon, Chhatarpur -Madhya
Pradesh.
(iii)Petitioner Husband has filed Special Leave
Petition No. 6176/2024 before this Hon’ble Court
titled as Awadh Narayan Saxena & Ors Vs Shalini
Saxena & Anr.
4. Whereas Hon’ble Supreme Court vide Order dated
31.01.2025 in Special Leave Petition (Crl) No.
6176/2024 has referred the matter to Supreme Court
Mediation Centre. Comprehensive mediation sessions
were held between the parties and their respective
advocates on 04.03.2025, 04.04.2025, 21.04.2025,
28.04.2025 (virtual) and today i.e. 03.05.2025
(physically for signing of the present Settlement
Agreement).
5. Both the parties hereto have arrived at an
amicable settlement on the following terms and
conditions for dissolution of marriage by mutual
consent:-
A. That the parties have agreed that the Petitioners
will pay to the Respondent No.1-wife a total sum
of Rs. 10,00,000/- (Rupees Ten Lakhs Only) via
demand draft bearing no. 008973 dated 02.05.2025
4HDFC Bank, Chhatarpur -Madhya Pradesh, towards
full and final settlement of all her claims
towards her permanent alimony, Stridhan,
maintenance (past, present, future) and any other
claim whatsoever.
B. It is agreed between the parties that they will
request the Hon’ble Supreme Court to exercise
power under Article 142 of Constitution of India
for granting of mutual divorce and quashing of FIR
No. 0113/2024, however in case the Hon’ble
Supreme Court declined the request of the parties,
the Parties will file Petition/ Application U/A
142 Constitution of India for mutual divorce of
parties and quashing of FIR before the Hon’ble
Supreme Court.
C. The Petitioner No. 1 & 5 namely Awadh Naryan
Saxena (Father In law) & Mr. Arvind Saxena
(Husband), is handing over a Demand Draft of
Rs.10,00,000/- (Rupees Ten Lakhs Only) bearing No.
008973 dated 02.05.2025 HDFC Bank, Chhatarpur –
Madhya Pradesh to Respondent No.1 wife, against
full and final Settlement.
6. That the Petitioners and the Respondent No.1 have
agreed that none of them will initiate any other
legal action or complaint against each other or
against the family members of each other in
respect of their matrimonial dispute in future.
7. That subject to the aforesaid terms, the parties
have resolved all the disputes amicably in
relation to the marriage and otherwise and have
been left with no claims against each other or
their respective family members in any manner
whatsoever.
8. That by signing this Agreement the parties hereto
solemnly state and affirm that they have no
5
further claims or demands against each other
including maintenance, or any movable or immovable
property and all the disputes and differences have
been amicably settled by the parties hereto
through the process of mediation.
9. The parties undertake to abide by the terms and
conditions set out in the above mentioned
Settlement Agreement, which have been arrived with
free will of the parties without any coercion,
duress or collusion and parties undertake not to
raise any dispute whatsoever henceforth.
10. The contents of this settlement – agreement have
been explained to all the parties through their
respective counsels and they have understood the
same.”
In terms of Para 5 (C) of the Settlement Agreement, the
father-in-law and husband have already paid an amount of Rs. 10
lakhs to the complainant – wife by way of a Demand Draft, towards
full and final settlement, which has been duly acknowledged by her.
In terms of the Settlement, the wife has agreed not to contest
the suit for divorce, which is pending before the District Judge at
Nowgaon, Chhatarpur, Madhya Pradesh.
In that view of the matter, FIR/Crime No. 0113 of 2024 dated
27.02.2024 registered at Police Station Nowgaon, Chhatarpur, Madhya
Pradesh stands quashed. But, for a decree of divorce by mutual
consent, the parties shall file an appropriate application under
Section 13B of the Hindu Marriage Act before the concerned
trial/family court, which shall be dealt with in accordance with
law.
6
In view of above, the Special Leave Petition stands disposed
of.
Pending interlocutory application(s), if any, is/are disposed
of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR