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Saira @ Ruhi Vs. Athar Abbas - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberTransfer Petition (Civil) No. 25 of 2008
Judge
Reported in2008(13)SCALE484
ActsCode of Criminal Procedure (CrPC) - Sections 125
AppellantSaira @ Ruhi
RespondentAthar Abbas
Advocates: Rukhsana Chaudhury and; Indira Unninayer, Advs
Excerpt:
.....suit under s.125 cr.p.c pending before the lower courts- parties are directed to appear before the delhi high court mediation centre on the date fixed- petition is disposed of - indian penal code, 1860 [c.a. no. 45/1860]. sections 34 & 300: [g.p. mathur & d.k. jain, jj] common intention - murder case when a criminal act is done by several persons in furtherance of common intention of all, the other offenders are liable for that act in the same manner as the principal offender as if the act was done by such offenders also. in this case, both the accused went jointly to a place where the deceased had gone for attending the call of nature and they jointly assaulted him. the fact that a-2 also received injuries in his palm shows that he took active part in snatching the knife from the hands..........1.7.2008.3. parties agree that they need counselling to avoid violence which will be provided by delhi high court mediation centre. they agree to appear before the delhi high court mediation centre on a date fixed by this hon'ble court.4. in order that parties have more confidence in each other, the parties desire that fir no. 404 of 2007, p.s. geeta colony, pending in the court of ms. neerja bhatia, m.m. karkardooma courts, delhi, may be quashed.5. petitioner withdraw her petition under section 125 cr.p.c. pending before ms. neerja bhatia, m.m. karkardooma courts.6. respondent withdraw his suit no. 321 of 2007 pending before civil judge, jr. division, hapur, u.p.7. petition under section 125 cr.p.c. 1232/02/2007 and civil suit for restitution being suit 321/2007 pending before civil.....
Judgment:

Arijit Pasayat, J.

1. Though the present transfer petition has been filed for transfer of a case, the matter was directed to be listed at the Supreme Court Lok Adalat which was held on 6th September, 2008. With the assistance of the Mediators, the parties were heard and following terms for settling the disputes were arrived at:

1. Parties have agreed to withdraw their respective complaints and suits.

2. Parties have been living together since 1.7.2008.

3. Parties agree that they need counselling to avoid violence which will be provided by Delhi High Court Mediation Centre. They agree to appear before the Delhi High Court Mediation Centre on a date fixed by this Hon'ble Court.

4. In order that parties have more confidence in each other, the parties desire that FIR No. 404 of 2007, P.S. Geeta Colony, pending in the Court of Ms. Neerja Bhatia, M.M. Karkardooma Courts, Delhi, may be quashed.

5. Petitioner withdraw her petition Under Section 125 Cr.P.C. pending before Ms. Neerja Bhatia, M.M. Karkardooma Courts.

6. Respondent withdraw his Suit No. 321 of 2007 pending before Civil Judge, Jr. Division, Hapur, U.P.

7. Petition under Section 125 Cr.P.C. 1232/02/2007 and Civil Suit for restitution being Suit 321/2007 pending before Civil Judge, Hapur, U.P. stand withdrawn.

2. Orders be sent to the respective courts. Parties are directed to appear before the Delhi High Court Mediation Centre for counselling on 4.12.2008.

3. In view of the aforesaid agreement, the petition is disposed of on the terms as set out above. The proceedings as noted above stand closed.


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