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CASE NO.: Transfer Petition (crl.)  59 of 2007

PETITIONER: Commodore Vimal Kumar & Ors

RESPONDENT: Ruchi Rastogi & Anr

DATE OF JUDGMENT: 29/04/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: JUDGMENT

O R D E R NON-REPORTABLE

TRANSFER PETITION (CRL.) No. 59/2007 With  T.P.(Civil) No.568/2006  & T.P.(Civil.)No.783/2007

1.      This matter has arisen out of a Petition filed by the  husband against the wife under Section 406 of the Criminal  Procedure Code for transfer of case arising out of FIR No.  257/2004 lodged at Police Station New Ashok Nagar, Delhi  and Criminal Case No.178/2004 from the Karkardooma  Courts (Delhi) to the competent Courts at New Mumbai  (Maharashtra).  On notice the parties have appeared before us  and with the intervention of the Court and during the  pendency of these proceedings, the parties have compromised  their disputes.   A copy of terms of the compromise has also  been put on record by way of an application (Crl. Misc. Petition  No. 5771/2008).  As per the terms of this compromise deed  dated 15th March 2008, all the litigations pending in various  courts inter-se the parties are to be disposed of.  We  accordingly take on record the deed of compromise.  In view of  the compromise and in exercise of our authority under Article  142 of the Constitution of India, we withdraw all the litigations  (except the matrimonial petition pending in the Court at  Panwel [Maharashtra] ) to this Court and pass orders in terms  of the compromise thus ending all litigations inter-se.  We also  direct the parties to move an application under Section 13-B of  the Hindu Marriage Act, 1956 before the appropriate Court  which shall take up the matter on a priority basis and dispose  of the same in terms of the compromise.  We further clarify  that no further claim shall remain to be settled  inter-se the  parties.  The present application is accordingly disposed of in  the above terms.