Case Note & Summary
The Supreme Court of India dealt with a transfer petition filed by Saira @ Ruhi against Athar Abbas. The petition was directed to be listed at the Supreme Court Lok Adalat, where a mediation session took place on 6th September 2008. During this session, the parties reached an agreement to withdraw their respective complaints and suits, indicating a desire to live together and seek counselling to prevent future conflicts. They agreed to appear before the Delhi High Court Mediation Centre for this purpose. Additionally, the parties sought to quash FIR No. 404 of 2007 pending in the Karkardooma Courts and to withdraw a petition under Section 125 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and a civil suit pending in Hapur, U.P. The court noted the terms of the settlement and directed that the orders be sent to the respective courts, ultimately disposing of the transfer petition based on the mediation agreement. The parties were instructed to appear for counselling on 4th December 2008, and the proceedings were closed.
Headnote
A) Mediation - Settlement Agreement - Terms of Settlement - Transfer Petition (Civil) No. 25 of 2008 - Parties agreed to withdraw their respective complaints and suits and undergo counselling to avoid violence, with a request to quash an FIR. The court disposed of the petition based on the terms agreed upon during mediation, directing the parties to appear for counselling (Paras 1-3).
Issue of Consideration
Whether the transfer petition should be granted based on the mediation agreement reached by the parties.
Final Decision
The Supreme Court disposed of the transfer petition based on the terms agreed upon during mediation, directing the parties to appear for counselling and to withdraw their respective complaints and suits.
Law Points
- Transfer of cases
- Mediation
- Withdrawal of complaints
- Counselling
- Quashing of FIR
