Rajesh Vs. State of
Rajasthan & ANR. [2009] INSC 149 (23 January 2009)
Judgment
IN THE SUPREME COURT
OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (Crl.) NO. 71 OF 2007
Rajesh ...Petitioner State of Rajasthan and Anr. ...Respondents
DR. ARIJIT PASAYAT,
J.
1.
The
petitioner has sought for transfer of Criminal Case FIR No.352 dated 7.12.2005
under Sections 406, 498A read with Section 34 IPC titled Sangeeta v. Rajesh
pending in the Court of Judicial Magistrate, First Class, Chittorgarh, to a
court of competent jurisdiction in Hissar.
2.
This
transfer petition was posted before Supreme Court Lok Adalat on 6.12.2008. The
parties and their lawyers appeared and filed a joint petition stating that
their disputes have been settled under the guidelines of the mediators who
acted as Amicus Curiae.
3.
The
following were the terms of settlement:
A. It is agreed
between the parties that Shri Rajesh will pay a sum of Rs.8 lakhs by way of a
demand draft to Smt. Sangeeta on or before 30th June, 2009.
B. It is further
agreed that the articles, as agreed upon by the parties in a separate list,
shall be sent by Shri Rajesh to the house of Smt. Sangeeta at Chitorgarh.
C. It is further
agreed that the custody of the minor child named Lucky who is now been with
Smt. Sangeeta shall remain with her and Shri Rajesh will not claim anything
with regard to child's custody from Smt. Sangeeta or her family hereinafter.
D. It has been agreed
that the cases filed by both the parties:- (i) Criminal Case filed by Smt.
Sangeeta under Section 498(A) of Code of Criminal Procedure, 1973 (in short the
`Code') against Rajesh at Chittorgarh;
(ii) Criminal case
filed against Shri Rajesh under Section 125 of the Code at Chittorgarh;
(iii) Petition under
Section 13 of Hindu Marriage Act for grant of divorce filed by Shri Rajesh
against Smt. Sangeeta pending before the Family Court at Chittorgarh;
(iv) Present Transfer
Petition No. 71/2007 filed by Shri Rajesh pending before this Court shall be
withdrawn/settled.
It is further agreed
that in terms of this settlement arrived at hereinabove a decree for divorce
may be passed. No further claim of any kind shall be raised against each other
or with regard to the minor child Lucky hereinafter.
4.
It
is heartening to note that the parties have settled their disputes amicably and
have agreed to the aforesaid terms. The transfer petition is disposed of in
terms of the settlement. The petition incorporating the terms of settlement
shall form a part of the record.
..........................................J.
(Dr. ARIJIT PASAYAT)
..........................................J.
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