HITENDRA MANUBHAI PATEL Vs. KAMAXI HITENDRA PATEL AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Crl.), 605 of 2017, Judgment Date: Mar 28, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO.605 OF 2017
             [ @ SPECIAL LEAVE PETITION (CRL.) NO. 401 OF 2017 ]


HITENDRA MANUBHAI PATEL                                        Appellant(s)

                                VERSUS

KAMAXI HITENDRA PATEL AND ORS.                                Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.
2.    The parties (husband and wife) are present before  this  Court  today.
They have been in litigation  before  different  Fora  and  they  have  been
running into several litigations.
3.    Having sensed a ray of hope for an  amicable  settlement,  this  Court
required the presence of the parties.  On their  appearance,  we  asked  the
parties whether they would like to have the assistance of a mediator.  On  a
positive  response  to  the  suggestion,  we  sought   the   assistance   of
Mr.Jitender Mohan Sharma, learned senior counsel, and Ms. Gauri Neo  Rampal,
learned counsel, both of whom were present in Court.  They  have  graciously
accepted the request made by the Court.
4.    It is heartening to note that the parties have  reached  a  settlement
and they have decided not to litigate any further.
5.    The appellant and the respondent are highly  educated  persons.   They
have three children also.  We expect that they will abide by the  settlement
agreement in its true spirit.  The settlement agreement  duly  signed  today
i.e. on 28.03.2017 by the parties, their respective counsel and the  learned
mediators, shall form part of this Judgment.  The appeal is disposed  of  in
terms of the said settlement agreement.  We  request  both  the  parties  to
bring up their children in love, regard and respect  towards  both  parents.
Children have a right to have it and a duty to reciprocate to both  parents.

6.    We record our deep appreciation to  yeoman  services  of  the  learned
mediators Sh. Jitender Mohan Sharma, learned senior counsel  and  Ms.  Gauri
Neo Rampal, learned counsel.
7.    The Registry  is  directed  to  supply  a  duly  signed  copy  of  the
settlement agreement to the parties.
8.    In view of the above, both the parties are  restrained  from  entering
into any fresh litigation against each other, without leave of  this  Court.

                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                            [ R. BANUMATHI ]

      New Delhi;
      March 28, 2017.