Case Note & Summary
The case arose from a transfer petition filed by the husband against the wife under Section 406 of the Criminal Procedure Code, seeking to transfer a criminal case from Karkardooma Courts in Delhi to New Mumbai, Maharashtra. During the proceedings, the parties reached a compromise, which was documented in a compromise deed dated 15th March 2008. The Supreme Court acknowledged the compromise and decided to withdraw all litigations between the parties, except for a matrimonial petition pending in Panwel, Maharashtra. The court ordered the parties to file an application under Section 13-B of the Hindu Marriage Act, 1956, which should be prioritized by the appropriate court for disposal in accordance with the terms of the compromise. The court clarified that no further claims would remain unsettled between the parties, thus concluding the litigation.
Headnote
A) Criminal Procedure - Transfer of Cases - Transfer of case under Section 406 - The court considered the request for transfer of a criminal case from Karkardooma Courts to New Mumbai due to a compromise between the parties - The court exercised its authority under Article 142 of the Constitution to withdraw all litigations except for the matrimonial petition and directed the parties to file under Section 13-B of the Hindu Marriage Act, 1956 - Held that the compromise resolved the disputes inter-se the parties (Paras Not mentioned).
Issue of Consideration
Whether the transfer of the case under Section 406 of the Criminal Procedure Code should be granted in light of the parties' compromise.
Final Decision
The Supreme Court allowed the transfer petition, acknowledged the compromise between the parties, and directed them to file under Section 13-B of the Hindu Marriage Act, 1956, for priority disposal.
Law Points
- Transfer of cases
- Compromise in litigation
- Article 142 of the Constitution
- Hindu Marriage Act
- 1956
- Section 13-B
