Allahabad High Court
Smt Meera Singh vs Sandeep Kumar Singh And Another on 29 May, 2024
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:98361-DB
Court No. - 29
Case :- FIRST APPEAL No. - 247 of 2024
Appellant :- Smt Meera Singh
Respondent :- Sandeep Kumar Singh And Another
Counsel for Appellant :- R.P.S. Chauhan
Counsel for Respondent :- K.K.Rao,Pradeep Kumar Srinette
Hon'ble Vivek Kumar Birla,J.
Hon'ble Syed Qamar Hasan Rizvi,J.
1. Heard Sri R.P.S. Chauhan, learned counsel for the appellant and Sri K.K. Rao, learned counsel for the respondent.
2. The present appeal has been filed against the impugned judgment and order dated 09.2.2024 passed by Additional Principal Judge, Family Court, Budaun in Matrimonial Petition No. 459/2019 under section 13 (i) (i-a) (i-b) of Hindu Marriage Act.
3. Vide order dated 30.4.2024, the matter was referred to the Mediation Centre for entering into formal settlement agreement.
4. As per mediation report dated 04.5.2024 and the settlement agreement dated 04.5.2024, the matter has been settled between the parties. However, a perusal of the order dated 23.5.2024, it appears that there was some confusion between the parties. The said order is quoted as under:
"1. Heard Shri Ganesh Pratap Singh, holding brief of Shri R.P.S Chauhan, learned counsel for the appellant and Shri K.K. Rao, learned counsel for the sole-respondents.
2. Initially settlement was pressed. Pursuant thereto two demand drafts for Rs.74 lakhs and Rs.3 lakhs were handed over by learned counsel for the respondent to the appellant also house keys were handed over by the appellant to the learned counsel for the respondent.
3. Later some doubt has been expressed by the appellant- who is also present in the Court.
4. Accordingly, the two demand drafts for Rs.74 lakhs and Rs.3 lakhs have been returned by her. Let the same be retained in sealed cover by the Registrar General.
5. Similarly, Shri K.K. Rao, may return keys to the appellant by tomorrow.
6. Put up this case on 29.05.2024 before the appropriate bench.
7. Matter may not be treated as part heard or tied up to this bench."
5. Today, Sri R.P.S. Chauhan, learned counsel for the appellant and Sri K.K. Rao, learned counsel for the respondent state in categorical terms that now some of the proceedings have already been withdrawn and formal orders in this regard have been passed by appropriate courts and some other matters are still pending where withdrawal applications have already been filed and they shall be withdrawn.
6. Both of them submit in categorical terms that the present appeal may be decided finally in terms of para 6 of the settlement agreement dated 04.5.2024. Para 6 is quoted as under:
"6. The following settlement has been arrived at between the Parties hereto:-
a) That the parties have already settled their dispute and filed a joint compromise affidavit dated 30.04.2024 before the Hon'ble Court in First Appeal No. 247 of 2024. The parties stated that the aforesaid compromise contains all the terms and conditions of the agreement, as such the same shall be a part of the settlement also. Further they reiterate and reaffirm the terms and conditions mentioned in compromise deed 30.04.2024.
b) That the parties further states that now they do not want to litigate further regarding present dispute.
c) That it has also been agreed between the parties that all civil and criminal cases filed by them against each other regarding present dispute shall be withdrawn or qushed by the parties concerned by taking appropriate steps before the Court/authority concerned.
d) That the parties will not file any fresh case against each other in respect of this dispute. They have no claim against each other in future also.
e) That it has been agreed between the parties that they shall not violate the terms and conditions of this settlement otherwise the aggrieved party will be free to take legal recourse."
7. The present appeal stands disposed of in terms of the settlement agreement dated 04.5.2024.
8. Sri R.P.S. Chauhan, learned counsel for the appellant has handed over the keys to Sri K.K. Rao, learned counsel for the respondent in the Court.
9. Registrar General is directed to release the two demand drafts as mentioned in the above quoted order dated 23.5.2024 in favour of Smt. Meera Singh (appellant herein) present in the Court within three days as per rules.
Order Date :- 29.5.2024
Madhurima
