REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.699 OF 2008

Smt. Rachana  ...Petitioner

Versus

Jayesh ...Respondent

(With T.P. (Crl.) Nos. 327/2008 and 49/2007)

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. Though the present transfer petitions have been filed for transfer of

certain cases, the cases were directed to be listed at the Supreme Court Lok

Adalat  which  was  held  on  6th September,  2008.   The  objective  was  to

explore  the  possibility of  sorting  out  the  matrimonial  discords.  With  the

assistance of the Mediators, the parties were heard and following terms for

settling the disputes were arrived at:  

“It has been agreed between the petitioner and the respondents

along with their respective fathers that

1. The father of respondent agrees with the father of the petitioner

that he will accept the apologies of Shri Devki Nandan Sone, father of

the petitioner wife in presence of the Jatav Samaj of the respondent’s

father at Indore and shall forgive him for all that has happened.      

2. Shri Devki Nandan Sone will pay a sum of Rs.50,000/- to the

respondent  on  or  before  6th of  November,  2008,  for  obtaining

allotment of flat.  

3.  The respondent Mr. Jayesh will apply to his Company ONGC

for allotment of flat at Bombay on 10th September, 2008.

That respondent Mr. Jayesh, will inform the petitioner and her

family at Agra about the allotment of the flat by the Company and

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shall go to Agra to take the petitioner with him to Bombay to set up

his matrimonial house.  

4. It has been agreed between the parties that they shall  live as

husband and wife together and that there is  no other claim against

each other.   

Cases filed by Smt. Rachana Petitioner:

(1) ST No.123/07 Section 307 IPC

State Vs. Jayesh and Ors. ASJ, Agra   

(2) Case  Claim No.124/2005  Rachna  Vs.  Jayesh  Section  498A,

307, 323, 504, 506 IPC read with ¾ D.P. Act.

Cases filed by Jayesh Respondent.

I. Petition  for  divorce  pending  at  Indore  Misc.  370/6

Family.

II. Criminal Complaint No.2284/05 titled Ramesh Chandra

and Ors. v. Vijay Singh and Ors. shall be withdrawn/quashed

by the Court.

Agreed accordingly.”

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2. In view of the aforesaid agreement, the petitions are disposed of on

the terms as set out above.  The proceedings as noted above stand closed.

………………..…………….……J. (Dr. ARIJIT PASAYAT)

……….…………………………..J. (Dr. MUKUNDAKAM SHARMA)

New Delhi, October 16, 2008

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