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CASE NO.:
Transfer Petition (crl.) 59 of 2007
PETITIONER:
Commodore Vimal Kumar & Ors
RESPONDENT:
Ruchi Rastogi & Anr
DATE OF JUDGMENT: 29/04/2008
BENCH:
TARUN CHATTERJEE & HARJIT SINGH BEDI
JUDGMENT:
JUDGMENT
O R D E R
NON-REPORTABLE
TRANSFER PETITION (CRL.) No. 59/2007
With
T.P.(Civil) No.568/2006 & T.P.(Civil.)No.783/2007
1. This matter has arisen out of a Petition filed by the
husband against the wife under Section 406 of the Criminal
Procedure Code for transfer of case arising out of FIR No.
257/2004 lodged at Police Station New Ashok Nagar, Delhi
and Criminal Case No.178/2004 from the Karkardooma
Courts (Delhi) to the competent Courts at New Mumbai
(Maharashtra). On notice the parties have appeared before us
and with the intervention of the Court and during the
pendency of these proceedings, the parties have compromised
their disputes. A copy of terms of the compromise has also
been put on record by way of an application (Crl. Misc. Petition
No. 5771/2008). As per the terms of this compromise deed
dated 15th March 2008, all the litigations pending in various
courts inter-se the parties are to be disposed of. We
accordingly take on record the deed of compromise. In view of
the compromise and in exercise of our authority under Article
142 of the Constitution of India, we withdraw all the litigations
(except the matrimonial petition pending in the Court at
Panwel [Maharashtra] ) to this Court and pass orders in terms
of the compromise thus ending all litigations inter-se. We also
direct the parties to move an application under Section 13-B of
the Hindu Marriage Act, 1956 before the appropriate Court
which shall take up the matter on a priority basis and dispose
of the same in terms of the compromise. We further clarify
that no further claim shall remain to be settled inter-se the
parties. The present application is accordingly disposed of in
the above terms.