Case Note & Summary
The Supreme Court of India was dealing with a Transfer Petition (Civil) No.1689 of 2017 and a connected Special Leave Petition (Crl.) No.8158/2018, both involving Swati Chaudhary as petitioner and Nitesh Kumar as respondent. The background involved civil and criminal appellate jurisdiction matters where the petitioner had sought transfer and special leave. The facts revealed that during the proceedings, the parties resolved their inter se disputes through settlement. The legal issue before the court was whether to allow withdrawal of the petitions following this settlement. The arguments were presented by learned counsel for the parties, who submitted that the disputes had been resolved and proceedings were withdrawn pursuant to the settlement. Specifically, counsel for the petitioner stated she had instructions to withdraw both the Transfer Petition and Special Leave Petition. The court's analysis involved recording this statement and examining the settlement agreement. The decision was to dismiss both the Transfer Petition and Special Leave Petition as withdrawn, based on the parties' resolution of their disputes and the withdrawal request from petitioner's counsel.
Headnote
A) Civil Procedure - Transfer of Cases - Withdrawal of Proceedings - Code of Civil Procedure, 1908 - Parties resolved their inter se disputes and proceedings were withdrawn pursuant to settlement - Court recorded statement of counsel and dismissed both petitions as withdrawn - Held that petitions stand dismissed as withdrawn following settlement between parties (Paras 1-1).
Issue of Consideration
Whether the Transfer Petition and Special Leave Petition should be dismissed as withdrawn following settlement between the parties
Final Decision
The Transfer Petition as well as the Special Leave Petition are dismissed as withdrawn
Law Points
- Withdrawal of proceedings upon settlement
- Resolution of inter se disputes
- Dismissal as withdrawn
