Supreme Court – Daily Orders
Shanky Kapil vs State Of Punjab on 18 December, 2024
Author: Surya Kant
Bench: Surya Kant
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. OF 2024
(Arising out of SLP(Crl.)No.7757 of 2024)
SHANKY KAPIL … APPELLANT
Versus
STATE OF PUNJAB & ANR. … RESPONDENTS
O R D E R
1. Leave granted.
2. The appellant, having been denied anticipatory bail by the
High Court of Punjab and Haryana at Chandigarh, vide impugned order
dated 15.05.2024, is before us seeking the said relief in case
bearing FIR No.60, dated 14.03.2024, under Sections 323/506/498-
A/34 of IPC (Section 325 of IPC was added later on), registered at
Police Station Kharar, SAS Nagar, Mohali.
3. The marriage between the parties was solemnized on 21.10.2020.
They were blessed with a son on 16.03.2022. It seems that a
complaint was lodged by respondent No.2-wife under Sections 107/
151 Cr.P.C. at Police Station Industrial Area, Chandigarh, pursuant
to which the appellant was arrested on 15.11.2022. Meanwhile,
respondent No.2-wife filed another complaint with the Women Cell,
Chandigarh, inter alia, alleging that she has been harassed by the
Signature Not Verified
Digitally signed by
appellant and his mother for dowry etc.
SATISH KUMAR YADAV
Date: 2024.12.24
13:14:44 IST
Thereafter, the parties
Reason:
statedly compromised the dispute on 08.04.2023 and started living
in a rented accommodation, separately from the appellant’s mother
2
at Kharar, SAS Nagar. However, the peace did not last long.
Eventually, the subjet FIR was registered on the basis of an
incident that took place on 08.03.2024 where it is alleged that
respondent No.2-wife was mercilessly beaten and the said incident
was recorded in CCTV footage. The appellant has also filed the
Divorce Petition, meanwhile, on the ground of cruelty etc.
4. On 07.06.2024, this Court, while issuing notice, directed
that no coercive steps be taken against the appellant.
5. On 22.08.2024, learned counsel for the parties were
impressed upon to seek instructions for exploring the possibility
of an amicable settlement. They sought and were granted two weeks’
time for such instructions and also whether they would prefer
mediation before the Mediation Centre of the High Court of Punjab
and Haryana at Chandigarh or the Supreme Court Mediation Centre.
Meanwhile, the order dated 07.06.2024 was modified to the extent
that the arrest of the appellant was stayed, subject to his joining
and fully cooperating with the ongoing investigation.
6. On 26.09.2024, the parties, on their suggestion, were referred
to the Mediation Centre of the High Court of Punjab and Haryana at
Chandigarh, and as an interim measure, the appellant was directed
to pay Rs.20,000/- (Rupees twenty thousand) per month to respondent
No.2-wife for the maintenance and upkeep of the child.
7. As the parties could not arrive at an amicable settlement in
view of the stand taken by them before us, they were directed to
submit their respective proposals for settlement in sealed covers.
8. On 12.12.2024, the sealed covers given by the parties were
opened and after due consideration of the options given by them,
3
the appellant was advised to pay a sum of Rs.25,00,000/- (Rupees
Twenty Five Lakhs), through an FDR in the name of the child, which
would be encashed only after the child attained majority, and till
such time, respondent No.2-wife would be permitted to utilise the
interest, accrued thereon, on the education and welfare of the
minor child.
9. Today, the appellant and respondent No.2 both are present
online along with their learned counsel. We have interacted with
them. In order to facilitate the settlement between the parties,
we deem it appropriate to allow this appeal in part and dispose of
the same in the following terms:
(i) The arrest of the appellant in FIR No.60, dated
14.03.2024, under Sections 323, 506, 498A, 34 & 325 (added
later on) IPC, registered at PS Kharar, SAS Nagar, Mohali,
and in any other complaint filed earlier by respondent
No.2-wife shall remain stayed.
(ii) The appellant has agreed to pay a lump sum amount of
Rs.25,00,000/- (Rupees Twenty Five Lakhs) to respondent
No.2-wife in the name of their child. Out of
Rs.25,00,000/- (Rupees Twenty Five Lakhs), a sum of Rs.
10,00,000/- (Rupees Ten Lakhs) shall be paid by the
appellant on or before 31.03.2025.
(iii) On receipt of that amount, the parties shall
move a joint application under Section 13-B of the Hindu
Marriage Act, 1955 before the Family Court of competent
jurisdiction.
(iv) The appellant shall then pay another sum of Rs.
4
10,00,000/- (Rupees Ten Lakhs) to respondent No.2-wife, in
the name of the child, before expiry of the cooling off
period of six months. He shall also make an effort to pay
the balance amount of Rs.5,00,000/- (Rupees Five Lakhs)
before that date.
(v) In case the appellant is unable to pay the
balance amount of Rs.5,00,000/- (Rupees Five Lakhs) before
expiry of the six months’ statutory period, the Family
Court shall defer the grant of a formal decree of divorce
till the appellant makes that payment. However, it may be
well-advised not to grant more than three months period for
payment of the balance amount of Rs.5,00,000/- (Rupees Five
Lakhs) from the date of expiring of statutory period. On
receipt of the lump sum amount of Rs.25,00,000/- (Rupees
Twenty Five Lakhs), the parties shall be granted a decree
of divorce by mutual consent.
(vi) The appellant-husband, thereafter, shall be at
liberty to file a petition under Section 482 Cr.P.C. before
the High Court for quashing of the criminal proceedings
registered against him and in the light of settlement
followed by the decree of divorce. We request the High
Court to intervene in the matter and close those
proceedings.
(vii) The parties shall refrain from filing cases
against each other.
(viii) The visitation rights etc., if any, may be
resolved by the parties and duly incorporated in the
5
petition to be filed under Section 13-B of the Hindu
Marriage Act, 1955.
(ix) The appellant is directed to sign the requisite
papers for admission of the child in the appropriate
education institution. He shall do so unconditionally.
(x) The appellant shall continue to pay the interim
maintenance of Rs.20,000/- (Rupees Twenty Thousand) p.m.
for the welfare of the child till the first installment of
lump sum amount of Rs. 10,00,000/- (Rupees Ten Lakhs) is
paid to respondent No.2-wife.
10. In case the appellant is able to arrange the total agreed
amount, the parties shall be at liberty to get the proceedings
under Section 13-B of the Hindu Marriage Act, 1955 expedited, and
the Family Court, keeping in view the peculiar facts and
circumstances of this case, may also relax the condition to the
extent permissible.
11. As a result, the pending interlocutory applications also
stand disposed of.
.........................J.
(SURYA KANT)
..............…….........J.
(UJJAL BHUYAN)
NEW DELHI;
DECEMBER 18, 2024.
6
ITEM NO.3 COURT NO.3 SECTION II-B
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).7757/2024
[Arising out of impugned final judgment and order dated 15-05-2024
in CRM-M No.24350/2024 passed by the High Court of Punjab & Haryana
at Chandigarh]
SHANKY KAPIL Petitioner(s)
VERSUS
STATE OF PUNJAB & ANR. Respondent(s)
IA No.127261/2024 - EXEMPTION FROM FILING O.T.
Date : 18-12-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Mr. Prabhjot Singh Waraiach, Adv.
Mr. Anupam Kishore Sinha, Adv.
Mr. Dhruv Kaushik, Adv.
Mr. Andalluri Srinivasa Sarma, Adv.
Dr. Khushbir Kaur Bhullar, Adv.
Mr. Y. Jetti, Adv.
Mr. Raj Kishor Choudhary, AOR
For Respondent(s) Mr. Karan Sharma, AOR
Mr. Mohit Siwach, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in part in terms of the signed
order.
As a result, the pending interlocutory applications also
stand disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
ADDITIONAL REGISTRAR ASSISTANT REGISTRAR
(Signed order is placed on the file)
7
[ad_1]
Source link