Madhya Pradesh High Court
Lieutenant General Shamsher Singh vs The State Of Madhya Pradesh on 15 May, 2024
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 15th OF MAY, 2024
MISC. CRIMINAL CASE No. 58477 of 2021
BETWEEN:-
1. LIEUTENANT GENERAL SHAMSHER SINGH
S/O LATE SHRI HAWA SINGH DHULL,
AGED ABOUT 63 YEARS, OCCUPATION:
RETIRED INDIAN ARMY R/O FLAT NO. 902
MANDOLIN BUILDING NYATI
WINDCHIMES SOCIETY MOHAMMEDWADI
PUNE (MAHARASHTRA)
2. SMT. MADHU DHULL W/O LIEUTENANT
GENERAL SHAMSHER SINGH, AGED
ABOUT 57 YEARS, OCCUPATION: HOUSE
WIFE R/O FLAT NO. 902 MANDOLIN
BUILDING NYATI WINDCHIMES SOCIETY
MOHAMMEDWADI PUNE
(MAHARASHTRA)
3. SANDEEP DHULL S/O SHAMSHER SINGH,
AGED ABOUT 38 YEARS, OCCUPATION:
SERVICE 1700 NEWBURY PARK DR.
APARTMENT 312 SAN JONE CALIFORNIA
(OTHER COUNTRY)
.....PETITIONERS
(BY SHRI MANISH DATT - SENIOR ADVOCATE WITH MS. MANJU SINGH -
ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
P.S. MAHILA THANA DISTRICT JABALPUR
(MADHYA PRADESH)
2. SMT. SONAL NAIN D/O RAJVEER SINGH
NAIN, AGED ABOUT 32 YEARS, 1517 NAPIER
2
TOWN JABALPUR, DISTRICT JABALPUR
(MADHYA PRADESH)
3. RAJVEER SINGH NAIN S/O LATE UJALA
SINGH NAIN, AGED ABOUT 63 YEARS, 1517
NAPIER TOWN JABALPUR, DISTRICT
JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
( SMT. SWATI ASEEM GEORGE - DY. GA FOR RESPONDENT NO.1 / STATE AND
SHRI VINAY PRAKASH PANDEY - ADVOCATE FOR RESPONDENTS NO. 2 & 3.)
This application coming on for admission this day, the court
passed the following:
ORDER
1. This application under Section 482 of Cr.P.C. has been filed seeking
the following reliefs :-
"It is, therefore, prayed that this Hon'ble Court be kind
enough o allow this petition filed under Section 482 of
the Code of Criminal Procedure, quash and set aside
the proceedings on the ground of compromise for
alleged offenses punishable Sections 498-A, 406, 294,
506/34 of the Indian Penal Code registered by Police of
Police Station - Mahila Thana, District - Jabalpur
(MP) vide R.C.T. No. 9281/2019 pending before the
competent Court, in the interest of justice."
2. It is the case of the applicants that the applicants are facing trial for
offence under Sections 498-A, 406, 294, 506/34 of IPC. Applicant no.
3 has obtained a divorce from a Foreign Court. An agreement was
arrived at between the parties on 7.10.2021, by which, it was agreed by
the parties that applicant no. 3 shall pay an amount of Rs.60 Lakhs to
respondent no. 2 by way of full and final payment and applicant no. 3
shall also hand over items listed in Annexure-1 of the agreement to
respondent no. 2. It was also mentioned in the agreement that demand
draft of Rs.30 Lakhs issued by State Bank of India, Kondhwa Branch,
Pune in favour of respondent no. 2 towards the payment of first
installment amounting to 50% of the settlement amount and items
mentioned in Annexure- 1 were handed over to the first party and
another demand draft of Rs.30 Lakhs issued by the State Bank of India,
Kondhwa Branch, Pune in favour of respondent no. 2 which is payable
at State Bank of India, Jabalpur shall be kept with Advocate Ms.
Manju Singh to be handed over to respondent no. 2 by Advocate Ms.
Manju Singh after all the cases are closed.
3. On 3.5.2024 a statement was made by counsel for respondents no. 2
and 3 that a Demand Draft of Rs. 30 Lakhs was given to some other
lawyer but the same could not be given to respondents no. 2 and 3, as a
result, validity of said Demand Draft had expired. Accordingly,
counsel for applicants undertook to supply a fresh Demand Draft of
Rs.30 Lakhs to respondents no. 2 and 3 and had prayed for time to
prepare a fresh Demand Draft of Rs.30 Lakhs to hand it over to
respondents no. 2 and 3 on the next date of hearing.
4. Today Shri Rajveer Singh Nain / respondent no. 3 appeared in person
who was identified by his counsel Shri Vinay Prakash Pandey.
5. It is submitted by Shri Rajveer Singh Nain that since respondent no. 2
is working in Gurgaon, therefore, she could not come. However, he has
stated that he has full authority to receive the Demand Draft of Rs.30
Lakhs and also acknowledges that all other conditions of the agreement
have been fulfilled and neither respondent no. 2 nor he has any
objection in case if the proceedings are quashed on the basis of the
compromise.
6. Accordingly, on a separate green paper Shri Rajveer Singh Nain who
was identified by his counsel Shri Vinay Prakash Pandey, has
mentioned that he has received full and final amount.
7. It is submitted by Shri Vinay Prakash Pandey that a Demand Draft
No.457439 of Rs. 30 Lakhs payable to Smt. Sonal Nain has been
received by respondent no. 3 outside the Court itself. Shri Rajveer
Singh has also submitted that he has received aforesaid Demand Draft
of the aforesaid amount. It is further submitted by Shri Rajveer Singh
Nain that he had already received articles listed in Annexure-1 of the
agreement and had also received first installment of Rs.30 Lakhs and
second installment of Rs.30 Lakhs has been received by him today
outside the Court.
8. Considered the submissions made by counsel for the parties.
9. The agreement which was arrived at between the parties has been filed
as Annexure-A/2, which reads as under :-
"AGREEMENT"
This Agreement is executed on this 7th day of October
2021 at Jabalpur, Madhya Pradesh, India by and
between:
Ms. SONAL NAIN w/o Mr. SANDEEP DHULL
and daughter of Mrs. (Late) RAMESH NAIN and Mr.
RAJVEER NAIN, born on 16 July 1989, resident of
1517 Napier Town, Jabalpur, Madhya Pradesh
482001, India (hereinafter referred to as the "First
Party").
AND
Mr. SANDEEP DHULL, husband of Ms
SONAL NAIN and son of Mrs. MADHU DHULL
and Lt Gen SHAMSHER SINGH (Retd), born on 23
October 1983, resident of 1700 Newbury Park Dr. Apt
312, San Jose, California 95133. USA, through
Special Power of Attorney holder Lt Gen
SHAMSHER SINGH (Retd) S/o Late Shri Hawa
Singh, R/o 902, Mandolin, Nyati Windchimes,
Mohammedwadi, Police Station Kondhwa, Pune,
Maharashtra. (hereinafter referred to as the "Second
Party")
The expressions "First Party" and "Second Party",
unless repugnant to the context shall mean and include
their respective legal heirs, nominees, assignees,
representatives, administrators, etc. The "First Party"
and the "Second Party" are collectively referred to
hereinafter as the "Parties".
This Agreement is executed with a purpose to
resolve all issues between the Parties with regard to
dissolution of their marriage. The Parties intend this
Agreement to be a final and complete settlement of all
their rights and obligations to each other arising out of
their marriage.
The marriage of both the parties was solemnized
on 19 July 2012 at Jabalpur, Madhya Pradesh in
accordance with Hindu Rites and traditions. No child
was born in the said wedlock.
AND WHEREAS the Parties lived together in the
US throughout the duration of their marriage.
AND WHEREAS the Parties started living
separately in San Jose, California, US as of 21 June
2019 (hereinafter referred to as the "Date of
Separation")
AND WHEREAS the First Party traveled back to
her parental house in India in November 2019 and has
been staying there since then.
AND WHEREAS the Parties decided to end their
marriage by participating in divorce case number
19FL002413 in the Superior Court of California,
County of Santa Clara, Family Justice Centre,
California, USA.
AND WHEREAS the First Party initially
participated in divorce proceedings of case number
19FL002413 in person from June 2019 to October
2019. Subsequently, after moving to India, she
participated in divorce proceedings via Superior Court
of California facility of "Court Call" (an international
calling service for court appearances) from November
2019 till 18 August 2020 when the divorce was
granted by the Hon'ble Court and the marriage stood
dissolved.
AND WHEREAS the First Party filed the
following cases in Jabalpur, Madhya Pradesh during
the pendency of finalisation of the divorce case in the
Superior Court of California, County of Santa Clara,
Family Justice Centre:
a. RCT/9281/2019 pending before the Judicial
Magistrate First Class, Jabalpur.
b. MJC R/78/2020 pending before the Judicial
Magistrate First Class, Jabalpur.
c. RCS HM/94/2020 pending in Family Court at
Jabalpur.
d. R/540/2020 pending in Family Court at
Jabalpur.
AND WHEREAS during the pendency of the
aforementioned cases in India, the Superior Court of
California, County of Santa Clara, Family Justice
Centre, by the judgment and order issued a judgment
dated 18 August 2020 dissolved the marriage of both
the parties, whereby Marital Status of the parties has
been terminated and the parties have been restored to
the status of single persons.
AND WHEREAS the Parties, with mutual consent,
have decided to file joint petitions in the Hon'ble
Madhya Pradesh High Court, Principal Bench,
Jabalpur for ratification of the Divorce awarded by the
Superior Court of California, County of Santa Clara,
Family Justice Centre in divorce case number
19FL002413 and to quash the FIR 87/2019 filed by
the First Party at Mahila Thana Jabalpur so as to
obtain a Decree of Divorce under Hindu Marriage Act
1955 and also for consequent dismissal of the
RCT/9281/2019 pending before the Judicial
Magistrate First Class, Jabalpur in terms of the present
Agreement.
NOW THIS AGREEMENT WITNESSETH AS
FOLLOWS:
1. That the Second Party shall pay a onetime lump
sum spousal support amount of Rs. 60,00,000/-
(Rupees Sixty Lakhs Only, hereinafter referred to as
the "Settlement Amount") to the First Party
2. That the Second Party shall also hand over items
listed in Annexure 1 (attached to this Agreement) to
the First Party, hereinafter referred to as the
"Annexure 1 items".
3. That the payment of the "Settlement Amount" and
handing over of the "Annexure items" shall be treated
as full and final settlement of all claims of the First
Party including but not limited to jewellery, if any,
maintenance, past, present and future, permanent/
temporary alimony, all kinds of expenses or any other
financial claims.
4. That the First Party shall receive "Settlement
Amount" in two equal installments through Demand
Draft as outlined in this agreement.
5. That the First Party shall receive the "Annexure 1
items" with the first installment of the "Settlement
Amount" as outlined in this agreement.
6. That the First Party shall withdraw the following
cases:
a. MJC R/78/2020 pending before the Judicial
Magistrate First Class, Jabalpur.
b. RCS HM/94/2020 pending in Family Court at
Jabalpur.
c.R/540/2020 pending in Family Court at
Jabalpur.
7. That the Parties shall jointly file
applications/petitions U/s 482 of the Cr.P.C. before
Hon'ble Madhya Pradesh High Court, Principal
Bench, Jabalpur for the following:
a. Quashing of FIR 87/2019 and proceedings in
the Case No. RCT/9281/2019 pending before
the Judicial Magistrate First Class, Jabalpur.
b. Recognition of the judicial order dated 18
August 2020 in case number 19FL002413 for
dissolution of marriage issued by the Hon'ble
Judge of Superior Court of California, County
of Santa Clara, Family Justice Centre in India.
October 2021 for Rs. 30,00,000/- (Rupees Thirty
Lakhs only) issued by State Bank of India, Kondhwa
Branch, Pune (Branch Code 14888) in favour of the
First Party and payable at State Bank of India,
Jabalpur (Branch Code 00390), towards payment of
the first installment amounting to 50% of the
"Settlement Amount" and the "Annexure 1 items"
have been handed over to the First Party.
9. That the First Party acknowledges and confirms
receipt of Demand Draft No. 456857 dated 01 October
2021 for Rs 30,00,000/- (Rupees Thirty Lakhs only)
as payment of the first installment of "Settlement
Amount" and all items listed in "Annexure 1."
10. That another Demand Draft No. 456858 dated 01
October 2021 for Rs 30,00,000/- (Rupees Thirty
Lakhs only) issued by State Bank of India, Kondhwa,
Pune (Branch Code 14888) in favour of the First Party
and payable at State Bank of India, Jabalpur (Branch
Code 00390) towards payment of the final installment
(of the balance 50% of the "Settlement Amount") shall
be kept with Advocate Mrs. Manju Singh to be handed
over to the First Party by Advocate Mrs. Manju Singh
after:
a. Orders for quashing the FIR No. 87/2019 and
proceedings in the Case No. RCT/9281/2019
pending before the Judicial Magistrate First
Class, Jabalpur are passed by the Hon'ble High
Court of Madhya Pradesh, at Jabalpur.
b. Orders for awarding of Decree of Divorce are
passed by the Hon'ble the High Court of
Madhya Pradesh, at Jabalpur.
c. Withdrawal of Case MJC R/78/2020 is
confirmed via court certified documents
provided by First Party.
d. Withdrawal of Case RCS HM/94/2020 is
confirmed via court certified documents
provided by First Party.
e. Withdrawal of Case R/540/2020 is confirmed
via court certified documents provided by First
Party.
11. That if the orders as prayed are not passed by any
of the courts within the validity period of the aforesaid
Demand Draft No. 456858 dated 01 October 2021, the
Second Party shall arrange to get the same revalidated
and hand over to Advocate Mrs. Manju Singh for
further handing over to the First Party after the
conditions listed in the preceding clause No. 10 of this
agreement are met.
12. That pursuant to engrossing their signatures on the
present Agreement and fulfillment of all the terms of
the present Settlement, the First Party and the Second
Party shall not interfere in the lives of each other in
any manner including personal, oral, written,
electronic or telephonic contact and also will not make
any allegation against each other and/or their
respective family members.
13. That the Parties shall not file any further
complaint, petition or application against each other
either in India or outside India.
14. That the First Party after the receipt of the
aforesaid "Settlement Amount" and "Annexure 1
items", subject to the aforementioned clauses, will not
claim any further monetary amount or personal
property or physical property towards past, present
and future maintenance, compensation, alimony or
expenditure from the Second Party.
15. That the contents of this Agreement have been
read over to the parties and they have understood the
terms of this Agreement and agree to be governed by
the same.
16. That both the parties have executed this
Agreement without any force, undue influence or
coercion from any quarter.
17. That it is clearly understood by the parties that
they are entering into and executing this Full and Final
Agreement bonafide, voluntarily and out of their own
free will and consent, without any force, pressure,
duress, threat, fraud, coercion, misrepresentation,
collusion or undue influence, whatsoever, and the
parties accept this Full and Final Agreement as fair,
just and equitable and also as final, conclusive and
binding on them.
18. That it is settled between the parties that after
compliance of the terms of the present settlement,
there shall remain no dispute due between them
arising out of the said marriage and that none of the
parties shall file any civil or criminal proceedings
against each other in future in India and abroad and
that if any other case/petition/complaint etc. between
the parties is pending In any court or authority the
same shall be withdrawn/got disposed by the
respective party who had filed such case (s).
19. That the copies of this Agreement shall be
presented to the concerned courts in the connected
cases and shall be legally bound on both parties after it
has been taken on record by the courts of competent
jurisdiction.
IN WITNESS WHEREOF both the parties have
signed this Agreement at Jabalpur, Madhya Pradesh
and on the 7th day of October 2021 in the presence of
the following witnesses.
FIRST PARTY SECOND PARTY
(SONAL NAIN) w/o. Mr. (Lt. Gen. SHAMSHER
SANDEEP DHULL D/o. SINGH (retd.) Power of
Attorney holder of Mr.
Mr. RAJVEER NAIN SANDEEP DHULL
WITNESSES: 2. Name: Dr. BS
Khatkar, Address:
1. Name: Mr. House No.E-10, Guru
RAJVEER NAIN. Jambhaeshwar
Address : 1517 University of Science
Napier Town, & Technology, Hisar,
Jabalpur, Madhya Haryana 125001.
Pradesh 482001
Annexure 1
ANNEXURE 1 ITEMS
Sr. No. Item Weight (gms) Qty (No) Total Weight
Description
Set
Chain Set
Band Set
Set
Nath
Set
Set
FIRST PARTY SECOND PARTY
(SONAL NAIN) w/o. Mr. (Lt. Gen. SHAMSHER
SANDEEP DHULL D/o. SINGH (retd.) Power of
Mr. RAJVEER NAIN Attorney holder of Mr.
SANDEEP DHULL
WITNESSES:
2. Name: Dr. BS
1. Name: Mr. Khatkar, Address:
RAJVEER NAIN House No.E-10, Guru
Address : 1517 Jambhaeshwar
Napier Town, University of Science
Jabalpur, Madhya & Technology, Hisar,
Pradesh 482001 Haryana 125001.
10. Since it is a family dispute and the parties have amicably settled their
disputes, therefore, the prosecution of the applicants for offence under
Sections 498-A, 406, 294, 506/34 of IPC in Crime No.87/2019
registered at Police Station Mahila Thana, Jabalpur, District Jabalpur
and criminal proceedings arising out of the said proceedings are hereby
quashed. The applicants are acquitted.
11. The application succeeds and is hereby allowed.
(G.S. AHLUWALIA)
JUDGE
JITENDRA KUMAR Digitally signed by JITENDRA KUMAR PAROUHA
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL BENCH INDORE,
2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c6324a2f64a5a,
postalCode=482001, st=Madhya Pradesh,
PAROUHA
serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B78033E5FF10402B19143AD99,
cn=JITENDRA KUMAR PAROUHA
Date: 2024.05.16 20:05:45 +05'30'
JP
