Bimla Agarwala and
Ors. Vs. State of U.P. and Ors.  INSC 2129 (11 December 2008)
IN THE SUPREME COURT
OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (Crl.) No. 184 of 2007
Bimla Agarwala and Ors. ...Petitioner (s) VERSUS State of U.P. and Ors.
O R D E R
learned counsel for the parties.
is a Transfer Petition under Section 406 of the Code of Criminal Procedure,
1973 read with Order XXXVI-B of the Supreme Court Rules, 1966 for transfer of
Criminal Case No. 663/2005 FR No. 1301/2006 titled as Mahendra Pal Gupta vs.
Ram Gopal and others arising out of FIR No. 637/2005 dated 10.11.2005
registered in PS Kotwali Shahar u/s 420 IPC and pending in the Court of the Chief
Judicial 1 Magistrate, Bulandshahar, Uttar Pradesh to a Court of competent
jurisdiction at Delhi.
as noted above, this case relates to transfer of the aforesaid case from
Bulandshahar to a competent Court at Delhi, but due to intervention of well
wishers of the parties, the disputes between the parties have been settled out
of Court, for which they have already filed a joint petition for compromise
under the terms of settlement dated 30th of November, 2008. Considering this
aspect of the matter and taking into consideration the terms and conditions of
the settlement dated 30th of November, 2008, we dispose of this Transfer
Petition on compromise, which is in the following manner:- a) We direct that
the cases pending between the parties namely, HMA No. 209 of 2008 titled as
Aruna Gupta Additional District Judge, New Delhi; Guardianship Aruna Gupta
pending before the Learned Guardianship Judge, New Delhi; FIR No. 565 of 2005
registered at P.S. Defence Colony, New Delhi and pending trial before Learned
Metropolitan Magistrate, New Delhi and FIR No. 663 of 2005 registered at P.S.
Kotwali, Bulandshahar, U.P. and pending trial before the learned Chief Judicial
Magistrate, Bulandshahar, U.P. shall be disposed of in view of the settlement
between the parties in accordance with the directions given below :- i) All
pending cases arising out of matrimonial/maintenance and guardianship
proceedings between the parties shall stand disposed of and consigned to the
records in the respective courts on being moved by either of the parties by
providing a copy of this order, which has settled all those disputes in terms
of the settlement.
ii) The Transfer
Petition (Crl.) No. 184 of 2007 is allowed as per the "Terms of
and FIR No. 663 of
2005 registered at P.S. Kotwali, Bulandshahar, U.P. and pending trial before
the learned Chief Judicial Magistrate, Bulandshahar, U.P. is transferred to a
Court of competent jurisdiction in Delhi.
All criminal cases
pending between the parties shall be quashed and consigned to the records by
the respective courts on being moved by either of the parties by providing a
copy of this Order.
b) The Transfer
Petition is accordingly disposed of in the above-mentioned terms. We direct the
parties to bear their own costs.
11, 2008 [V.S.]