Shri Kamal Kumar Das And ORS. v. The State And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/14/2023 Shri Kamal Kumar Das & others Vs.

The State and another Mr.Gopala Binnu Kumar ...for the Petitioners Ms. A.S.Zinu ... for the State Ms. Tasneem Abid ... Mediator August 25, 2023 [AKB) Item No.8 The learned advocates for the petitioners as well as the State are present. None appears for the private respondent. At the request of this Court learned Mediator Ms. Tasneem Abid is present before the Court. The learned advocate for the petitioner submits that on the basis of a settlement between the parties through the process of mediation, the final hearing was held on 7th December, 2022 being the fourth session of mediation. Both the parties voluntarily accepted the terms of settlement including dissolution of marriage on mutual consent. The learned Mediator acknowledges the terms of settlement as enumerated in the final proceeding at the mediation center in her presence. The terms of the settlement is replicated hereunder:-

"Terms of Settlement

1. That the opposite party (Shri. Abhishek Kumar Das) shall not raise any claim from the petitioner (Smti. Mili Mondal) in respect of any house hold articles and gold ornaments.

2. That no harassment in any manner shall be created by both the parties to either of the family in any manner.

3. That the petitioner shall not make any claim from the opposite party in any manner in future.

4. That the Petitioner (Smti. Mili Mondal) under takes to withdraw the case bearing G.R.Case No. 2806/2019 Under Section 498 A of the IPC which is pending before the Ld.

Chief Judicial Magistrate, Port Blair.

5. That the both the parties have voluntarily come to a settlement for dissolution of marriage by filing mutual divorce."

The learned Mediator further submits at the time of terms of settlement being recorded both the petitioner No. 3 and the opposite party were present at the mediation center and duly accorded their signature to the terms of settlement and the final order.

The fourth term of settlement whereby the petitioner undertook to withdrew the case bearing G.R. Case No. 2806/2019 under section 498 A of the IPC presently pending before the Court of Judicial Magistrate First Class II is taken into consideration.

The instant revisional application is allowed. In view of the observation of the Hon'ble Supreme Court whereby the allegations under Section 489 A of the IPC can be sorted through mediation, this Court does not find any irregularity in disposing of the instant revisional application quashing the case bearing G.R. case No. 2806/2019 pending before the learned Trial Court.

Accordingly, the proceeding of G.R. Case No.

2806/2019 pending before the learned Trial Court is quashed.

The learned advocate for the petitioners as well as the State are to file a report before the learned Mediator that the terms of the settlement dated 7th December, 2022 have been complied by both the parties after the determination of the divorce proceeding.

The instant revisional application being CRR/14/2023 is accordingly disposed of.

A copy of this order be communicated to the learned Trial Court for information and necessary action. (Ananya Bandyopadhyay, J.)