ORDER 1. The parties have amicably resolved all their disputes under the guidance of the Court Appointed Mediator, Ms. N. Annapoorani. The Settlement Agreement has been arrived at between the parties and the same is duly executed by the parties as well as their advocates. The parties are personally present in Court and have stated that they have signed the settlement agreement with full understanding and without any pressure or coercion from any quarter. We are satisfied that the settlement agreement is genuine and needs to be acted upon by the parties. Accordingly, the parties jointly pray that these proceedings and all other proceedings referred to in the settlement agreement stand disposed of in terms of this order. The settlement agreement read thus:- "SETTLEMENT AGREEMENT This Settlement Agreement is entered into between:- Mr. Rakesh Kumar S/o Late Shri Mamraj R/o 326, Near Girls School, Post Office JNU Village Munirka, New Delhi - 110067. AND Ms. Savita Rani W/o Mr. Rakesh Kumar D/o Late Shri Rampal Singh, R/o Mohalla Peerwala, Village & Post Asauda, Tehsil Hapur Police Station Dehat (Rural) District Ghaziabad, Uttar Pradesh. The marriage between the parties to the Settlement Agreement was solemnized as per Hindu rites and customs on 22.02.2002 at Hapur, Uttar Pradesh. Disputes and differences arose between the parties hereto and the parties are living separately since May, 03, 2010. Out of this wedlock there is no issue/child. On a T.P. (Crl) No. 609-611 of 2019 filed by the husband before this Hon'ble Court, vide order dated 01.03.2021 by Hon'ble Mr. Justice Aniruddha Bose, this matter was referred for mediation. That comprehensive mediation sessions collectively & separately between the parties were held on 20.03.2021, 10.04.2021, 07.07.2021 and today i.e. 12.03.2021 and parties have entered into a final settlement. The following matter are pending between the parties:- The Petitioner-husband filed the following cases as under:- i) Case No. MAT, APP.(F.C) 122/2020 Pending before high court of Delhi challenging judgment dated 29-01-2020 in the Divorce Petition H.M.A Petition No.173/2011 whereby the divorce petition of the husband was dismissed. ii) T.P. (Crl.) No. 609-611 of 2019 before this Hon'ble Court. The Respondent-wife has also filed the following cases as under:- i) Criminal case No.205 of 2013 Pending before Ld. ACJM, Hapur. U/s 498A,323, 504 , 506 of Indian Penal Code.
ii) T.P. (Crl.) No. 609-611 of 2019 before this Hon'ble Court. The Respondent-wife has also filed the following cases as under:- i) Criminal case No.205 of 2013 Pending before Ld. ACJM, Hapur. U/s 498A,323, 504 , 506 of Indian Penal Code. ii) Case No.207 of 2013 Under Section 12 of the protection of Women from Domestic Violance Act, before the Ld. ACJM Hapur iii) Case No.230 of 2019 U/s 125 Cr.PC before Family Court Judge Hapur. Finally the matter is settled on 12.08.2021 as per the memorandum of understanding which is as under:- 1. (I) The Petitioner and the Respondent have agreed to end their marriage by way of divorce by mutual consent. (II) Since both the parties are from different states they have agreed to file appropriate application under Article 142 of Constitution of India before this Hon'ble Court to put a quietus to all the aforesaid cases. (III) In lieu of the expenses and the stridhan, the Respondent-husband has agreed to pay a sum of Rs. 25,00000/- (Rupees Twenty Five Lakh Only) as full and final settlement, past, present future and permanent alimony by way of demand draft drawn in name of Savita Rani Account NO. 1305101035516, IFSC No.CNRB0001305, Canara Bank payable at Munirka Branch New Delhi. it is further agreed that except this amount of Rs. 25,00.000/- and the legal expenses (if so Required), the husband is not liable to pay any other amount whatsoever to the wife. (IV) Both the parties agree the demand draft will be handed over to the Respondent /wife or her Counsel before this Hon'ble Court on the date of hearing of such application. (V) In lieu of this the Respondent-wife agreed to withdraw the pending cases filed against her husband and the Petitioner-husband has also agreed to withdraw the cases filed by him, if any. (VI) It is agreed that the wife shall vacate the property of the husband i.e. 2nd floor, 326 Munirka Village, Near Girl School, Post JNU Village, Munirka, New Delhi-110067 within 30 days from the date of receiving the full and final amount from the husband and small hand over the vacant peaceful possession to the husband.
(VI) It is agreed that the wife shall vacate the property of the husband i.e. 2nd floor, 326 Munirka Village, Near Girl School, Post JNU Village, Munirka, New Delhi-110067 within 30 days from the date of receiving the full and final amount from the husband and small hand over the vacant peaceful possession to the husband. (VII) It is agreed between the parties that, in case this Hon'bie Court does not grant divorce under Article 142 of Constitution of India then both the parties have agreed to file a petition for divorce by mutual consent before the Family Court Saket New Delhi. in such a event the full and final settlement amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) will be given in two equal installments by way of demand draft at the time of First Motion and Second Motion respectively. If the matter is not disposed of under Article 142 of the Constitution of India by this Hon'ble court then the legal expenses for disposal of the mentioned cases before the district court and high court shall the borne by the husband. (VIII) The Respondent-husband will also move before the appropriate High Court /district court for quashing of the complaint case / FIR (if any), if so required, Both the parties shall cooperate with each other for the same. (IX) The parties hereby agree that there will be no claims counter claims against each other. The parties further agree that any other Civil, Criminal proceeding if any filed by either parties against each other shall be withdrawn forthwith. 2. That all the parties in the settlement undertake that henceforth they would not file any proceedings, civil and/or criminal or file any complaint or case against each other and/or against the family members, relatives of either parties with regard to their matrimonial alliance and the parties undertake to withdraw every complaint or case pending so far against each other as also against their respective family members and relatives, and that none of the parties shall take any coercive action against each other before and/or after the withdrawal of the cases. 3. That the parties shall also make a joint prayer that the present agreement be made a part of the orders passed by this Hon'ble Court. 4.
3. That the parties shall also make a joint prayer that the present agreement be made a part of the orders passed by this Hon'ble Court. 4. That the parties undertake before the Hontle Supreme Court of India t at they shall abide by the terms and conditions set out in this agreement which have been arrived at without any coercion, duress or collusion and undertake not to raise any dispute whatsoever henceforth and in case any party fails to abide by the terms and conditions mentioned hereinabove, other party may initiate contempt proceedings before the Hon'ble Supreme Court. An application is filed by the learned counsel for the parties for disposing of the transfer petition and all proceedings pending between the parties in the respective courts on terms and conditions specified in the Settlement Agreement, reproduced hereinabove. We are satisfied that the settlement entered into between the parties on 12.08.2021 deserves to be accepted. Further, we accede to the prayer for a decree of divorce by mutual consent in exercise of plenary powers of this Court under Article 142 of the Constitution of India to do substantial justice to the parties. We, accordingly, grant the decree of divorce by mutual consent as prayed. Undertakings given by the parties in the settlement dated 12.08.2021 are accepted. Accordingly, the marriage between parties solemnized on 22.02.2002 stands dissolved. In view of above, all cases pending between the parties, i.e. Case No.MAT APP. (FC) No.122/2020 pending before the High Court of Delhi, Criminal Case No.205/2013 pending before the ACJM, Hapur, Case No.207/2013 pending before ACJM, Hapur and Case No.230/2019 pending before Family Court, Hapur, (details of which mentioned in Settlement Agreement), shall stand withdrawn to this Court and are quashed/disposed of in terms of this order. We once again record and accept the undertaking given by the parties that they will abide by the terms and conditions incorporated in the Settlement Agreement without any exception and that they shall not initiate any further civil or criminal case against each other and/or their family members with regard to the matrimonial alliance. Resultantly, I.A. No. 133797/2021 is allowed and the Transfer Petitions are disposed of in the aforementioned terms. We express a word of appreciation for the sincere efforts put in by Ms.
Resultantly, I.A. No. 133797/2021 is allowed and the Transfer Petitions are disposed of in the aforementioned terms. We express a word of appreciation for the sincere efforts put in by Ms. N. Annapoorani, learned Mediator/counsel, who facilitated the parties to settle the matters in the above terms Pending applications, if any, stand disposed of.