SAIRA @ RUHIversusATHAR ABBAS
- Citation
- 2008 INSC 1162
- Decided
- 16 October 2008
- Disposal
- Disposed off
- Bench
- ARIJIT PASAYAT
Holding
The Supreme Court disposed of the transfer petition on the terms of settlement, ordering withdrawal of all pending proceedings and directing counseling, thereby affirming its power to settle disputes through Lok Adalat.
Summary
In Transfer Petition (C) No. 25 of 2008, Saira sought transfer of a matrimonial dispute involving criminal and civil proceedings against Athar Abbas. The Supreme Court directed the matter to be listed before its Lok Adalat, where mediators facilitated a settlement. The parties agreed to withdraw all pending complaints, including a criminal petition under Section 125 of the Cr.P.C. and a civil suit, and to live together from July 1, 2008. They also consented to appear before the Delhi High Court Mediation Centre for counseling and to have FIR No. 404 of 2007 quashed. On the basis of this settlement, the Court disposed of the transfer petition, ordering the withdrawal of the cases and directing the parties to attend counseling on a specified date.
Issues considered
- What procedural steps are permissible for the Supreme Court in disposing a transfer petition through settlement in Lok Adalat?
- Can parties withdraw pending criminal and civil proceedings, including a petition under Section 125 Cr.P.C., as part of a settlement?
- Does the Court have authority to direct the quashing of an FIR and mandate counseling at a mediation centre?
Legislation cited
Subjects
Judgment
(2008] 14 S.C.R. 520
A SAIRA@RUHI
II. r
ATHAR ABBAS
(Transfer Petition (C) No. 25 of 2008)
OCTOBER 16, 2008
B
[DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM
SHARMA, JJ.]
t--
c
Settlement - Transfer Petition - Matrimonial case - Heard
by Supreme Court Lok Ada/at - Parties agreeing to settle the -
dispute on certain terms - Parties agreeing to· withdraw the re-
spective civil/criminal cases filed by them and to appear be-
fore Mediation Centre for counseling - Thus TP disposed of
CIVIL ORIGINAL JURISDICTION: Transfer Petition (C) No.
D 25 of 2008
...
Rukshana Choudhary and Indira Unninayer for the Appel-
lant.
The Judgment of the Court was delivered by
E ":.:....·
DR. ARIJIT PASAYAT, J. 1. Though the present transfer
petition has been filed for transfer of a case, the matter was
directed to be listed at the Supreme Court Lok Adalat wt\lth
was held on 5th September, 2008. With the assistance m tlie
F Mediators, the parties were heard and following terms for set-
tling the disputes were arrived at:
1. Parties have agreed to withdraw their respective
complaints and suits.
G 2. Parties have been living together since 1. 7 .2008.
3. Parties agree that they need counselling to avoid
violence which will be provided by Delhi High Court ,\-
Mediation Centre. They agree to appear before the
H 520
SAIRA@ RUHi v. A THAR ABBAS 521
[DR. ARIJIT PA$AYAT, J.]
Delhi High Court Mediation Centre on a date fixed A
by this Hon'ble Court.
4. In order that parties have more confidence in each
other, the parties desire that FIR No.404 of 2007,
P.S. Geeta Colony, pending in the Court of Ms. Neerja
Bhatia, M.M. Karkardooma Courts, Delhi, may be 8
~--i quashed.
5. Petitioner withdraw her petition u/s 125 Cr.P.C.
pending before Ms. Neerja Bhatia, M.M.
Karkardooma Courts. c
6. Respondent withdraw his Suit No.321 of 2007
pending before Civil Judge, Jr. Division, Hapur, U.P.
7. Petition under Section 125 Cr.P.C. 1232/02/2007
and Civil Suit for restitution being Suit 321/2007 D
pending before Civil Judge, Hapur, U.P. stand
withdrawn.
2. Orders be sent to the respective courts. Parties are di-
rected to appear before ttie Delhi High Court Mediation Centre
for counselling on 4.12.2008. E
3. In view of the aforesaid agreement, the petition is dis-
posed of on the terms as set out above. The proceedings as
noted above stan~ closed.
K.K.T. Transfer Petition disposed of. F
-I
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