Indramani Pant vs Sunita

Sudhanshu Dhulia, J

This first appeal has been filed by the appellant against the judgment and order dated 05.09.2017 passed by the Additional Family Court, Rishikesh, District Dehradun, whereby the appellant has been directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) per month to the respondent as maintenance.

Meanwhile, during the pendency of the appeal, this Court was informed by the learned counsels for the parties that a settlement can be made and subsequently the matter was referred to the Registrar (Judicial) by this Court today in pre-lunch session, where the parties have entered into a settlement which has been reduced to writing. The compromise deed reads as under:-

"By the Hon'ble Court's order dated 24.04.2019, both the appellant Mr. Indramani Pant and respondent Smt. Sunita appeared before me.

Both the parties have entered into mutual amicable settlement terms whereof are reduced hereunder:-

The appellant who is father-in-law of respondent plaintiff has agreed to pay Rs.6,50,000/- (six lac fifty thousand) for permanent maintenance to the respondent out of which a draft of Rs.1,00,000/- (one lac) bearing No.908356 drawn on Bank of India, Branch Haridwar Road Dehradun dated 03.04.2019 which was already accepted by the respondent in the Court on 15.04.2019.

The appellant is paying today Rs. 5,50,000/- (five lac fifty thousand) to the respondent through Bank Draft bearing Draft No.908362 drawn on Bank of India, Branch Haridwar Road Dehradun dated 22.04.2019.

The respondent has under taken that respondent will facilitated the appellant in every manner in getting the succession certificate in favour of him, so that he can withdraw the amount deposited in Provident Fund account of late Satish Sharma S/o the appellant and husband of the respondent and also the amount deposited in the salary account of late Satish Sharma S/o of the appellant. The respondent and her family members would not object or claim in appellant's getting the amount due of his son.

The respondent will hand over no objection certificate to the appellant after receiving the Bank Draft of amount of Rs.5,50,000/- (five lac fifty thousand).

The appellant would withdraw his complaint dated 08.04.2013 lodge against the respondent and Anita and Smt. Laxmi Pandey registered as complaint case No. 754 of 2013 under section 323, 504 and 506 of IPC and Criminal Misc. application filed by the appellant pending before the Hon'ble Allahabad High Court.

Further, in future also after getting the entire payment the respondent will not prosecute the appellant for same cause of action in future.

That herein after, the settlement arrived between the parties, the parties will not claim any right or liability against each other in the Court of law in future.

Parties will bear their own cost.

The aforesaid terms which are reduced in writing herein above have been duly read over and understood by both appellant and respondent and both agree to be abide by aforesaid terms and both parties put their respective signature on this mutual settlement in the presence of their counsels today i.e., 24.04.2019 before me."

The settlement which has been reached between the parties before the Registrar (Judicial) bears the signatures of both the parties. Now both the appellant as well as respondent are present in person before this Court and verify their signatures to the settlement as do their respective counsels.

After hearing the parties and after perusal of the compromise deed, this Court is satisfied that an agreement has been reached between the parties. Condition No.3 though shall depend upon the consequential orders passed by the Courts.

Subject to the aforesaid, the appeal is decided in terms of the compromise under Order 23 Rule 3 of CPC. The compromise deed is made part of the record. Pursuant to the aforesaid agreement between the parties, the execution proceedings shall also be withdrawn as agreed between the parties.

In view of the above, the first appeal is disposed accordingly.