Rekha Rani vs Gagandeep Singh

Mahesh Grover, J.—During the subsistence of the instant proceedings, the parties have resolved the issue through the efforts of the Mediation and Conciliation Committee of the High Court. The terms of settlement are extracted here below :-

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(3) It is specifically agreed between the parties that the custody of the child Arshdeep would remain with the respondent-father and the petitioner-mother would not claim any right of custody of the child.

(4) The parties have thus agreed to withdraw all the petitions pending before the various courts and as such the parties would not claim any rights by way of compensation from each other.

(5) The following cases would consequently be quashed/withdrawn as settled in terms therewith :-

(a) F.I.R. No. 1011 of 2012 dated 25.10.2012 at Police Station City, Hissar.

(b) Revision arising out of the afore-stated F.I.R. No. 1011 of 2012 pending before the Court at Hissar.

(c) Petition u/s 125 Cr.P.C. pending before the Family Court, Hissar.

(d) Petition u/s 13 of the Hindu Marriage Act pending before the Court at Sangrur.

Consequent to the settlement reached between the parties the present Transfer Application would also be settled.

(6) That both the parties have decided to get their marriage dissolved by mutual consent. The petitioner and the respondent shall file a petition u/s 13B of Hindu Marriage Act and get their marriage dissolved as such. The said petition shall be filed in the learned District Court of competent jurisdiction on or before July 30, 2014.

(7) It is further agreed that the respondent will have no objection in case F.I.R. No. 1011 of 2012 dated 25.10.2012, Police Station City, Hissar and the consequential court proceedings are quashed by the Hon''ble High Court. The parties have also agreed, in case so required, to make a statement before the Hon''ble High Court or any other competent Court/authority for the discharge of the accused, in this regard. The respondent shall, if necessary, take further steps for quashing/discharge in the said FIR in accordance with law.

(8) With the execution of the present compromise, entire dispute between the parties shall stand settled.

(9) This compromise has been reached between the parties without any pressure and both the parties have very happily agreed to abide by the terms and conditions of the agreement. Both the parties shall be bound with the terms and conditions of this compromise.

(10) It has been further decided between the parties that in case of necessity, both the parties shall be free to present the copy of the above compromise before any authority or court if the same is required to witness the execution of the compromise or to settle any pending controversy between the parties.

As a result of the compromise, the parties have agreed to dissolve their marriage by a decree of divorce by presenting a petition u/s 13B of the Hindu Marriage Act which is to be filed before the Court of competent jurisdiction on or before 30.7.2014. Upon presentation of the same, the concerned Court shall keep in mind the aforesaid compromise and accept the petition for divorce in accordance with law. Similarly, F.I.R. No. 1011 of 2012 dated 25.10.2012, Police Station City, Hissar and the proceedings arising therefrom would be permitted to be quashed. Likewise, the proceedings u/s 125 Cr.P.C. pending before the Family Court, Hissar shall be deemed to have been settled in view of the larger settlement between the parties. The parties are bound by the terms of settlement and shall not be permitted to act contrary to the terms thereof.

In view of the settlement, the instant petition has been rendered infructuous and is disposed of as such.