O R D E R

1. The instant Transfer Petition has been filed by the petitioners who happen to be the mother, sister-in-law and sister of the Respondent No.2 – husband – Himanshu Srivas tava, seeking transfer of AC 801 of 2023 titled “K. Diksha vs.

Himanshu Srivastava & Ors” filed by Respondent No.1 – wife under Sections 12 and 13 of the Protection of Women from Domestic Violence Act, 2005 pending before the 9th Court of learned Judicial Magistrate at Alipore, 24 Pargana, Kolkota, West Bengal to the Court of Chief Judicial Magistrate’s Court at Ghaziabad, U.P.

2. Pending the present proceedings, the parties were referred to the Supreme Court Mediation Centre for exploring the possibility of settlement and the parties have amicably settled their disputes as per the Settlement Agreement dated 5-6-2024 signed by all the parties. The parties were also referred to the Registrar for recording their Signature Not Verified Digitally signed by statements in terms of the said settlement and has been VISHAL ANAND Date: 2024.08.07

15:38:18 IST Reason:

confirmed by the parties as per the Office Report submitted by the Registry.

3. The parties are present in the Court today and confirmed the settlement. The respondent has handed over the demand draft of Rs.32,00,000/- (Rupees Thirty Two Lakhs only) as per Condition No.3 of the settlement. The said Settlement reads as under:

“1. That both the parties (the husband Mr Himanshu Srivastava and the wife respondent/K Diksha) hereto confirm and declare that they have, voluntarily and of their own free will and volition have decided not to live together as husband and wife.

2. That the parties have mutually agreed that since there seems no possibility of them joining back as husband and wife in future and it will be in the complete interest of the parties to dissolve their relationship/marriage at the earliest to bring peace and harmony in their life, they have agreed to make a joint prayer to the Hon'ble Supreme Court of India to dispose of the Transfer petition (Criminal) No. 498 of 2023 Titled as Lali Srivastava & Ors Vs K Diksha & Ors and simultaneously grant decree of divorce by mutual consent by exercising its inherent powers under Article 142 of the Constitution of India and withdraw all pending cases between the parties.

3. That the first Party (husband) has agreed to give the full and final settlement amount of Rs. 32,00,000 (Rupees Thirty-Two Lakhs only) towards alimony/maintenance/monetary allowance/ Settlement amount and towards all the claims raised by second party wife in various complaints, applications and legal proceedings; The second party will not claim any further amount or make any kind of other claims against the first party including the claim of maintenance, stridhan, residence etc on receipt of the above said amount and will also withdraw/co-operate with the disposal of all known or unknown, suspected, or unsuspected complaints, charges, petitions, or claims filed in any jurisdiction by her on the basis of matrimonial disputes in terms of the present settlement. Neither of the parties claim or counterclaim to each other and will also withdraw/co-operate with the disposal of all known or unknown, suspected, or unsuspected complaints, charges, petitions, or claims filed in any jurisdiction by her on the basis of matrimonial disputes in terms of the present settlement.

4. That the above said amount will be paid by way of demand draft to the wife, second party, at the time of the passing of the Order qua the quashing of the FIR, granting the decree of divorce under Article 142 of the Constitution of India and disposal of all other pending cases between the respective parties pending before in different Courts by this Hon'ble Court. That the demand draft will be drawn in favouring of the wife, second party and name should be clear which as follow:

K.DIKSHA (PAYABLE AT KOLKATA)

5. That the both parties has agreed and resolved to indemnify the First Party from any liability, existing or future, in