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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

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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.