Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.605 OF 2017
[ @ SPECIAL LEAVE PETITION (CRL.) NO. 401 OF 2017 ]
HITENDRA MANUBHAI PATEL Appellant(s)
VERSUS
KAMAXI HITENDRA PATEL AND ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The parties (husband and wife) are present before
this Court today. They have been in litigation
before different Fora and they have been running into
several litigations.
3. Having sensed a ray of hope for an amicable
settlement, this Court required the presence of the
parties. On their appearance, we asked the parties
JUDGMENT
whether they would like to have the assistance of a
mediator. On a positive response to the suggestion,
we sought the assistance of Mr.Jitender Mohan Sharma,
learned senior counsel, and Ms. Gauri Neo Rampal,
learned counsel, both of whom were present in Court.
They have graciously accepted the request made by the
Court.
4. It is heartening to note that the parties have
reached a settlement and they have decided not to
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litigate any further.
5. The appellant and the respondent are highly
educated persons. They have three children also. We
expect that they will abide by the settlement
agreement in its true spirit. The settlement
agreement duly signed today i.e. on 28.03.2017 by the
parties, their respective counsel and the learned
mediators, shall form part of this Judgment. The
appeal is disposed of in terms of the said settlement
agreement. We request both the parties to bring up
their children in love, regard and respect towards
both parents. Children have a right to have it and a
duty to reciprocate to both parents.
6. We record our deep appreciation to yeoman
services of the learned mediators Sh. Jitender Mohan
Sharma, learned senior counsel and Ms. Gauri Neo
Rampal, learned counsel.
JUDGMENT
7. The Registry is directed to supply a duly signed
copy of the settlement agreement to the parties.
8. In view of the above, both the parties are
restrained from entering into any fresh litigation
against each other, without leave of this Court.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ R. BANUMATHI ]
New Delhi;
March 28, 2017.
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