Case Note & Summary
The case involved a Transfer Petition under Section 406 of the Code of Criminal Procedure, 1973, filed by Bimla Agarwala and others seeking the transfer of a criminal case from Bulandshahar, Uttar Pradesh to Delhi. The criminal case was registered under FIR No. 637/2005 for the offense of cheating under Section 420 of the Indian Penal Code. During the proceedings, the parties reached an out-of-court settlement, which was formalized in a joint petition for compromise dated November 30, 2008. The Supreme Court, considering the settlement, decided to dispose of the Transfer Petition by allowing the transfer of the criminal case to a competent court in Delhi. The court also directed that all related cases, including those concerning matrimonial and guardianship matters, be quashed and consigned to the records upon the parties moving the respective courts with a copy of the order. The court concluded that the parties should bear their own costs, thereby resolving the disputes amicably.
Headnote
A) Criminal Procedure - Transfer of Criminal Cases - Transfer of FIR based on settlement - Code of Criminal Procedure, 1973, Section 406 - The court allowed the transfer of a criminal case from Bulandshahar to Delhi following a compromise settlement between the parties, directing that all pending cases arising from matrimonial and guardianship proceedings be disposed of accordingly. Held that the transfer was justified due to the settlement reached by the parties (Paras 2-3).
Issue of Consideration
Whether the transfer of the criminal case and quashing of FIRs should be allowed based on the settlement between the parties.
Final Decision
The Supreme Court allowed the Transfer Petition, transferring FIR No. 663 of 2005 to a competent court in Delhi and quashing all related cases based on the settlement between the parties. The court directed that the parties bear their own costs.
Law Points
- Transfer of cases
- Compromise settlement
- Quashing of FIRs
