IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CRIMINAL) NO.44 OF 2023

VIJAY BABBAR & ANR. Petitioner(s)

VERSUS

PRAGATI PRASAD & ORS. Respondent(s)

O R D E R

1. Heard the learned counsel appearing for the

parties. The second respondent-husband is present in

person and the first respondent-wife is present through

video conferencing.

2. The Settlement Agreement dated 3rd October, 2023

executed by and between the first and second respondents

is placed on record. As recorded in the Settlement

Agreement, out of the agreed amount of Rs.45,00,000/-

(Rupees forty five lakhs), a sum of Rs.15,00,000/-

(Rupees fifteen lakhs) has already been paid to the first

respondent-wife. Today, the learned counsel appearing

for the second respondent-husband has handed over two

Demand Drafts bearing Nos.520255 and 520254 dated 5 th

December, 2023 drawn by ICICI Bank Limited in the sum of

Signature Not Verified

Rs.15,00,000/- (Rupees fifteen lakhs) each to the
Digitally signed by
Anita Malhotra
Date: 2024.02.07
18:04:13 IST
Reason: advocate representing the first respondent-wife. Thus,

monetary part of the Settlement has been complied with.

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3. The marriage between the first respondent-wife

(Pragati Prasad) and the second respondent-husband (Karan

Babbar) was solemnized on 19th November, 2019. They have

been residing separately from 8th August, 2020. They have

arrived at a settlement before the learned Mediator of

the Supreme Court Mediation Centre. They have agreed to

put an end to the marriage by a decree of divorce under

Section 13(B) of the Hindu Marriage Act, 1955.

4. We are satisfied that this is a case where this

Court should exercise its jurisdiction under Article 142

of the Constitution of India.

5. The following cases are pending which arise out

matrimonial dispute:

S.No. Case Name Court Case No. N.D.O.H.

1. Pragati Prasad vs. Karan Jharkhand Complaint Case 06/10/23
Babbar Dhanbad 2093/2021
2. Pragati Prasad vs. Karan Dhanbad CC-1397/2020 06.12.23
Babbar
3. Vijay Babbar & Anr. Pragati Supreme T.P.Crl.No.44 of 23 04.10.23
Prasad & Ors. Court
4. Karan Babbar vs. State of Dhanbad CR appeal 150/2023 29.09.23
Jharkhad

Out of the four cases, one is the present Transfer

Petition. We quash the cases at serial Nos. 1, 2 and 4

above in view of the settlement.

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6. Clauses 1 to 8 of the Settlement Agreement read

thus:

"1. Both the parties hereto confirm and declare that they have voluntarily
and of their own free-will, decided not to live together as husband and
wife and have arrived at this Settlement in the presence of the mediator,
their respective counsels.

2. That the following cases filed between the parties is as under-

(i) Following the settlement, all pending cases between the parties shall
be withdrawn, and they further undertake not to initiate any further legal
actions against each other

S. Case Name Court Case No. N.D.O.H.

No.
1. Pragati Prasad vs. Karan Jharkhand Complaint Case 06/10/23
Babbar Dhanbad 2093/2021
2. Pragati Prasad vs. Karan Dhanbad CC-1397/2020 06.12.23
Babbar
3. Vijay Babbar & Anr. Supreme T.P.Crl.No.44 04.10.23
Pragati Prasad & Ors. Court of 23
4. Karan Babbar vs. State of Dhanbad CR appeal 29.09.23
Jharkhad 150/2023

3 That both the parties have entered into a fuil and final settlement /
agreement in respect to the above mentioned cases or any other legal
proceedings on the following terms & conditions:

(1) It has been agreed between both the parties that Second Party-
husband / Mr. Karan Babbar or on his behalf shall pay a sum of Rs.
45,00,000/- (Rupees Forty Five Lakh Only) as full and final settlement to
First Party-wife Ms. Pragati Prasad, alongwith her Stridhan (as per
Annexure - A annexed herewith, duly acknowledge/confirmed by both
the parties and to be handed over to the first party-wife on 07.10.2023) if
any, maintenance past, present, future and permanent Alimony and any
other claims whether criminal or civil in nature by way of RTGS
/NEFT/Demand Drafts into the following account of the First Party-wife
Pragati Prasad,
Account No:- 019601008276
IFSC Code:-IC10000196
Bank Name - ICICI, Bank More Branch Dhanbad, Jharkhand

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(ii) That both the parties herein agree that they shall jointly file an
application and pray to the Hon'ble Supreme Court to exercise its power
under Article 142 of the Constitution of India and to grant Decree of
Divorce by mutual consent, quashing and withdrawal of all Criminal and
civil cases pending between the parties and their relatives. The
Respondent-husband or on his behalf shall pay Rs. 45,00,000/- (Rupees
Forty Five Lakh Only) in favour of Petitioner-wife. The mode of
payment is as under:-

(A) It is agreed between the parties that the Second Party-husband or on

his behalf shall pay 1st installment of Rs. 15,00,000/- (Rupees Fifteen
Lakh Only) to the First Party-wife on or before 08.10.2023 through
RTGS/NEFT/Demand Draft.

(B) It is agreed between the parties that the Second Party-husband or on

his behalf shall pay second installment of Rs. 15,00,000/- (Rupees
Fifteen Lakh Only) to the First Party wife/or his counsel through demand
draft favoring Pragati Prasad at the time of next date of hearing of the
T.P. (Crl) No. 44 of 2023 before this Hon'ble Court.

(C) That both the parties herein agree that all the pending cases whether
specifically mentioned or not between the parties & their family
members arising out of the present matrimonial dispute herein shall be
withdrawn and balance of Rs. 15,00,000/- (Rs. Fifteen Lakh Only) shall
be paid within 15 days from the date of withdrawal/quashing of the
aforesaid cases through NEFT/RTGS/Demand Draft. The second party
husband and his family undertake to move appropriate application for
withdrawal of the cases filed by them within 30 days from the date of
payment of second installment.

4. The parties and/or their family members, relatives or representatives

undertake not to initiate any other litigation against each other in future
also. Both the parties will co-operate with each other for quashing /
withdrawn of case pending between the parties and their family members
or their relatives.

5 That both the parties have agreed that none of them will make any
effort to defame / malign the other party in person or their respective
parents or relatives through any social media or forum in any other
manner.

6 Both the parties agree and undertake that they have settled all their
disputes and grievances against each other and against their family
members amicably and they shall not file any complaints, proceedings
whether criminal or civil, if any against each other or their family
members or stake any claim on the movable or immovable, joint or
ancestral, self- acquired or HUF properties of either parties and their
respective families. Both the parties further undertake to withdraw the
aforesaid matters or any other matter if any pending against each other
anywhere.

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 7. By signing this Agreement, the parties hereto solemnly state and
affirm that they have no further claims or demands against each other
and all the disputes and differences have been amicably settled by the
parties hereto, through the process of Mediation.

8. That both the parties agree and undertake that they have settled all
their disputes and grievances against each other and against their family
members amicably in terms of the present settlement agreement and have
agreed to remain bound by the terms and conditions as have been
mutually and amicably agreed by the parties herein."

6. The marriage solemnized between the first

respondent-wife (Pragati Prasad) and the second

respondent-husband(Karan Babbar) on 19th November, 2019 is

hereby dissolved by a decree of divorce under Section

13(B) of the Hindu Marriage Act, 1955.

7. A decree be drawn incorporating the aforesaid terms

and condition.

8. The Transfer Petition is disposed of in the above

terms.

9. We record our appreciation the fair stand taken by

both the parties and their respective learned counsel.

We also appreciate the role played by the learned

Mediator.

..........................J.
(ABHAY S.OKA)

..........................J.
(PANKAJ MITHAL)

NEW DELHI;
December 06, 2023.

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ITEM NO.2 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

Transfer Petition(s)(Criminal) No(s). 44/2023

VIJAY BABBAR & ANR. Petitioner(s)

VERSUS

PRAGATI PRASAD & ORS. Respondent(s)

(Mediation Report has been received.

IA No. 16346/2023 - EX-PARTE STAY
IA No. 228715/2023 - PASSING APPROPRIATE ORDER OR DECREE UNDER
ARTICLE 142 OF THE CONSTITUTION)

Date : 06-12-2023 This matter was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE PANKAJ MITHAL

For Petitioner(s)
Mr. Rajesh Rai,Adv.
Mr. Karunakar Mahalik, AOR
Mr. Manoranjan Mishra,Adv.
Ms. Parul Agarwal,Adv.
Mr. Sarbendra Kumar,Adv.

For Respondent(s)
Mr. Shikhar Srivastava, AOR
Ms. Prerna Singh, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The Transfer Petition is disposed of in terms of the

signed order.

Pending applications also stand disposed of.

(ANITA MALHOTRA) (AVGV RAMU)

AR-CUM-PS COURT MASTER
(Signed order is placed on the file.)