Case Note & Summary
The petitioner sought the transfer of Criminal Case FIR No.352 dated 7.12.2005 under Sections 406 and 498A of the Indian Penal Code from Chittorgarh to Hissar. The case was presented before the Supreme Court Lok Adalat on 6.12.2008, where both parties and their lawyers appeared and filed a joint petition indicating that their disputes had been settled under the guidance of mediators. The settlement included terms such as the petitioner agreeing to pay a sum of Rs.8 lakhs to the respondent by a specified date, the return of certain articles, and the custody of their minor child remaining with the respondent. Additionally, it was agreed that all pending cases, including the transfer petition, would be withdrawn or settled. The court noted the amicable resolution of disputes and disposed of the transfer petition in accordance with the settlement terms, incorporating the agreement into the record. The judgment was delivered on January 23, 2009.
Headnote
A) Criminal Procedure - Transfer of Criminal Case - Amicable Settlement - Transfer Petition disposed of based on settlement terms - Code of Criminal Procedure, 1973, Sections 406, 498A - The petitioner sought transfer of a criminal case pending in Chittorgarh to Hissar, which was resolved through a joint petition indicating settlement terms including payment and custody arrangements. Held that the transfer petition is disposed of in terms of the settlement (Paras 1-4).
Issue of Consideration
Whether the transfer of the criminal case and related matters should be allowed based on the parties' settlement.
Final Decision
The Supreme Court disposed of the transfer petition in terms of the settlement reached by the parties, incorporating the terms into the record.
Law Points
- Transfer of criminal case
- amicable settlement
- divorce proceedings
- custody of minor child
