REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (Crl.) NO. 71 OF 2007

Rajesh  …Petitioner

Vs.

State of Rajasthan and Anr. …Respondents

J U D G M E N T

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;

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(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shall be withdrawn/settled.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. (ASOK KUMAR GANGULY)

New Delhi, January 23, 2009

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