IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.484 OF 2009 (Arising out of S.L.P. (C) No.7814 of 2007)

Santosh Kumar Pahadiya        ...Appellant(s)

Versus

Usha Gupta       ...Respondent(s)

O  R  D  E  R

Delay condoned.

Leave granted.

Heard learned counsel for the parties.

As  undertaken  yesterday,  i.e.,  27th January,  2009,  a  joint  petition  of

compromise has been filed on behalf of both the parties, perusal of which shows that

they have agreed to compromise all the disputes and have also agreed to suffer mutual

consent divorce decree.  The husband has agreed to pay a sum of rupees fifteen lakhs

to the wife in two instalments by way of permanent alimony.  He has agreed to pay

the first instalment of Rupees seven lakhs fifty thousand on 30th April, 2009 and the

second instalment on or before 31st July, 2009.  Both the parties have agreed in Court

that the aforesaid payment shall be made by an Account Payee Draft drawn in favour

of  the  wife  upon  a  Bank  at  Lahar,  District  Bhind,  within  the  State  of  Madhya

Pradesh.  They have further agreed that, in case any of the instalments is not paid

within  the  aforesaid  time, this  order  may  stand  recalled.   Learned  

...2/-

- 2 -  

counsel appearing on behalf  of the wife stated that the petition filed by her under

Section 125 of the Code of  Criminal Procedure, which is  pending in the Court of

Judicial Magistrate, First Class, Lahar, may be treated as withdrawn.  As regards

Criminal Case No.4929 of 2006 pending in the Court of Judicial  Magistrate, First

Class, Gwalior, within the State of Madhya Pradesh, against the husband and other

accused  persons,  the  parties  agree  that  the  same may be  quashed  in  view of  the

compromise.

In our view, the compromise is lawful.  The same is taken on record.  The

civil appeal is allowed, impugned judgments are set aside, the petition for divorce is

allowed and mutual consent divorce decree is granted.  The proceedings of Criminal

Case  No.4929  of  2006  pending  in  the  Court  of  Judicial  Magistrate,  First  Class,

Gwalior, within the State of Madhya Pradesh are quashed.  It is also declared that the

petition filed by the wife under Section 125 of the Code of Criminal Procedure, 1973,

which is pending in the Court of the Judicial  Magistrate, First Class, Lahar, shall

stand disposed of as withdrawn.  It is made clear that if any of the two instalments is

not paid by the husband, then this order shall stand recalled and the special leave

petition shall stand dismissed.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, January 28, 2009.