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[2009] 1 S.C.R. 530
RAJ ESH
v.
STATE OF RAJASTHAN AND ANR.
(Transfer Petition (Crl.) No.71 of 2007)
JANUARY 23, 2009
[DR. ARIJIT_PASAYAT AND ASOK KUMAR
GANGUL Y, JJ.]
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Matrimonial dispute - Transfer Petition - Transfer of
criminal case from Chittorgarh to Hissar- Held: In Lok Ada/at
matter settled - Joint petition containing ter'lfis of settlement
filed - Accordingly Divorce case, Cr/. Cases under s. 125
Cr.P. C. and 498A to be withdrawn/settled - Transfer petition
disposed of in terms of the settlement.
CRIMINAL ORIGINAL JURISDICTION : Transfer Petition
..
(Crl.) No. 71 of 2007.
Dr. J.N. Dubey, Anurag Dubey, Anu Sawhney, Meenesh
Dubey, S.K. Diwakar, D.P. Pandey and S.R. Setia for the
Petitioner.
Praveen Kumar, Manish Kumar, Ansar Ahmad Chaudhary,
Satya Prakash and Promila Matta for the Respondents.
The Judgment of the Court was delivered by
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
530
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RAJESH v. STATE OF RAJASTHAN AND ANR.
531
[DR. ARIJtT PASAYAT, J.]
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been settled under the guidelines of the mediators who acted
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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.
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Sangeeta on or before 30th June, 2009.
8. 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.
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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
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hereinafter.
D. It has been agreed that the cases filed by both the
parties:-
(i) Criminal Case filed by Smt. Sangeeta under
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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;
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(iv) Present Transfer Petition No. 71/2007 filed by
Shri Rajesh pending before this Court
shall be withdrawn/settled.
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532
SUPREME COURT REPORTS
[2009) 1 S.C.R.
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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.
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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.
C G.N.
Appeal disposed of.
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Lex