ORDER : (Sonia Gokani, J.) 1. The appellant filed Special Civil Suit No.159 of 1999 in the Court of learned 2nd Additional Senior Civil Judge, Valsad at Vapi seeking Rs.50 Lakh towards the mental torture and cruelty and other respondent to pay Rs.10 Lakh for mental torture. Learned 2nd Additional Senior Civil Judge allowed the suit and granted Rs.5 Lakh towards the mental cruelty. This has aggrieved the appellant, who is seeking following prayers: “7… (a) Your Lordships may be pleased to direct the defendants Nos.1 to 3 shall pay Rs.50 Lakh to the plaintiffs towards for practicing mental torture and cruelty; and defendant Nos.4 to 5 shall pay Rs.10 Lakh each for practicing mental torture and cruelty and the defendant No.1 shall pay an amount of Rs.12,60,000/- towards the arrears of maintenance and defendant No.1 shall pay Rs.20,000/- towards maintenance to the plaintiff No.1 and Rs.10,000/- to plaintiff No.2 from the date of the institution of the suit; (b) Grant such other and further relief/s as may be deemed fit and proper in the interest of justice.” 2. First Appeal No.1640 of 2011 has been preferred by the original defendant Mr.Shashank Praflchandra Vasa, which is an appeal against the very judgment and decree passed by the learned 2nd Additional Senior Civil Judge, Valsad, which has allowed Rs.5 Lakh. Thus, this is a cross appeal questioning and challenging the grant of amount of Rs.5 Lakh so also the amount of maintenance from 01.09.1996 to 07.09.1999 to the tune of Rs.5,000/- to the appellant No.1 and Rs.3,000/- to the appellant No.2. Thereafter, from 22.03.2011 the amount of Rs.5,000/- to appellant No.1 and Rs.5,000/- to appellant No.2 is allowed. 3. It appears that many attempts were made for the parties to amicably settle the dispute. The appellant No.2 in the First Appeal No.1120 of 2012 is the child begotten out of the said marriage. She has moved abroad for her studies and is also attempting to settle in her career. 4. These being family matters of the years 2011 and 2012, at the time of final hearing, we had proposed the parties to explore the possibility of amicable settlement. She has moved abroad for her studies and is also attempting to settle in her career. 4. These being family matters of the years 2011 and 2012, at the time of final hearing, we had proposed the parties to explore the possibility of amicable settlement. We note with appreciation that the learned senior advocate, Mr.H.L.Patel appearing for the appellant wife and the daughter and the learned senior counsel, Mr.Mehul S. Shah appearing for defendant Nos.1 and 3 have made strenuous attempt to work out the settlement and the parties by mutual consent have chosen to prepare a draft of terms of settlement. It would be apt to reproduce the entire draft at this stage. “The parties to the appeal are agreed to the following terms for overall settlement of the disputes inter se between them, as under: 1. Following Litigations are pending between the parties: (a) Criminal Case No. 310/2006 under section 494 of I.P.C. filed by Artiben Shashankbhai Vasa is pending before the Chief Judicial Megistrate Court at Vapi. (b) Criminal Appeal No. 22 of 2021 is pending before the Sessions Court at Vapi. The Appeal is arising out of the order of acquittal passed by the Chief Judicial Magistrate, Vapi in Criminal Case No. 2065 of 2014 under Section 498A etc. (c) First Appeal No. 1640 of 2011 filed by Shashank Prafulbhai Vasa and others, challenging the order passed by Additional Senior Civil Judge, Vapi, in Special Civil Suit No. 159 of 1999, and First Appeal No. 1120 of 2012 filed by Artiben Shashankbhai Vasa and another, challenging the said order and both appeals are pending before Hon'ble High Court of Gujarat. 2. The parties are agreed to the following terms: (a) The dispute between the parties are to be settled finally and all the parties have to relieve each other from all litigations either by filing a compromise or to file consent quashing petition or to get disposed off all the matter permanently in Lok Adalat or any other mode found proper and legal. (b) The Second Party-Artiben Vasa and Dhwani Vasa both are to be paid permanent lump sum alimony, maintenance and compensation of Rs.50,00,000/- as full and final settlement. (b) The Second Party-Artiben Vasa and Dhwani Vasa both are to be paid permanent lump sum alimony, maintenance and compensation of Rs.50,00,000/- as full and final settlement. (c) The First Party Shashankbhai Vasa shall deposit the amount of compensation as aforesaid in the Court of Civil Judge at Vapi, within a period of 3 months from today and the said amount shall be released in favour of Artiben Shashanbhai Vasa by the Court of Civil Judge, Vapi after disposal of all the pending litigations and after the consent divorce decree passed, Artiben Vasa will file appropriate application for withdrawal of litigation and/or disposal of the litigation only after total amount is deposited by Shashankbhai Vasa. (d) The parties are agreed to place the present settlement as well as the judgment and decree that may be passed in these appeals in the proceedings of Criminal Appeal No. 22 of 2021 pending in Sessions Court at Vapi and also in proceedings of Criminal Case No. 2065 of 2014 pending in the Court of Chief Judicial Magistrate, Vapi with a prayer to drop the proceedings. (e) An additional amount of Rs. 13,50,000/- shall be deposited by Shashankbhai Vasa within a period of 10 days from today with Court of Civil Judge at Vapi and the same shall be disbursed in favour of Artiben Vasa forthwith. (f) The marriage of the Appellant No.1- Artiben Vasa and Respondent No.1- Shashankbhai Vasa was solemnized may ordered to be stood dissolved as a part of the terms of this settlement in these proceedings while passing the final judgement and decree. (g) The parties have to co-operate each other in disposing of all pending litigations. (h) Upon acceptance of the lump sum compensation as determined aforesaid by this Hon'ble Court, Artiben Vasa and Dhwani Vasa shall have no right or interest upon the properties of Shashankbhai Vasa. (i) The parties shall not initiate any other proceedings pursuant to present litigation or any other litigation in future. (j) The aforesaid settlement is subject to the payment of amount as aforesaid and receipt of the same by Artiben Vasa and also subject to the withdrawal/disposal of all pending litigation mentioned hereinabove.” 5. (i) The parties shall not initiate any other proceedings pursuant to present litigation or any other litigation in future. (j) The aforesaid settlement is subject to the payment of amount as aforesaid and receipt of the same by Artiben Vasa and also subject to the withdrawal/disposal of all pending litigation mentioned hereinabove.” 5. We have noticed that the sum of Rs.13.50 Lakh which is an additional amount to be deposited is for the period of 1996 to 1999 and the amount of maintenance had been given to the appellant Nos.1 and 2 and that is an amount of arrears for all these years and no interest is included in that amount. That being the sum which both the appellants were entitled to, the same has been excluded from the total amount of permanent alimony of Rs.50 Lakh decided by way of full and final settlement. 6. The power of attorney given to the mother by the daughter is produced in the form of soft copy, which has already been shared. However, the hard copy shall be presented before this Court within a period of two weeks. Let the e-copy of the power of attorney be presented to this Court till then. 7. We notice that there are couple of litigations pending before the Competent Courts by and between the parties, one of them is the Criminal Case No.3102 of 2006 under Section 494 of the Indian Penal Code pending before the Court of learned Chief Judicial Magistrate at Vapi. It is ensured that the appellant-Artiben shall withdraw the same and if it is not done, the same shall stand disposed of after three months once the amount of Rs.50 Lakh is realized. The Criminal Appeal No.22 of 2021 pending before the Sessions Court at Vapi arising from the order of acquittal passed by the learned Chief Judicial Magistrate in Criminal Case No.2065 of 2014 under Section 498 A of the Code of Criminal Procedure also shall be requested to be disposed of by the parties after once the terms are fulfilled in this matter. 8. The State since is not a party to these terms of settlement, the request shall be made to the Court concerned by the parties. Both the sides shall cooperate in the spirit of the compromise the State is expected to cooperate. 9. 8. The State since is not a party to these terms of settlement, the request shall be made to the Court concerned by the parties. Both the sides shall cooperate in the spirit of the compromise the State is expected to cooperate. 9. The Court is conscious that both these appeals arise from the Special Civil Suit No.159 of 1999 from the Court of learned 2nd Additional Senior Civil Judge, Vapi, where the appellant and her daughter had sought the amount of compensation on account of cruelty as also the maintenance. However, taking the benefit of Order XXIII of the Code of Civil Procedure, which permits the compromise on any other issue other than the one which is in challenge in the Civil Suit, where the parties have sought for the dissolution of the marriage. Since all the disputes relating to the matrimonial are being fully and finally settled, on fulfillment of the terms, which have been incorporated and particularly on giving of the amount of permanent alimony of Rs.50 Lakh within a period of three months and prior to that, on deposit of Rs.13.50 Lakh before this Court instead of the Court at Vapi within a period of 10 days from today, the marriage solemnized between the parties on 05.07.1991 shall stand dissolved as part of the terms of the settlement in this proceedings. 10. Both the parties are expected to cooperate with each other and in the event of any default in deposit of the amount as scheduled or non withdrawal of matter as ensured, either side shall be at liberty to revive the challenge or initiate the action permitted under the law. 11. Both these appeals stand disposed of in the above terms of settlement.