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Shobha Devi v. The State of Bihar & Anr.

Criminal Appeal · 2018 INSC 1040Decided 2 Nov 2018
Criminal Appeal No. 1345 of 2018
Justice Kurian Joseph · Justice S. Abdul Nazeer · Justice M.R. Shah

Background

This was a criminal appeal arising out of a dispute between the appellant and a private respondent, with the State of Bihar as a formal party. When the parties appeared before the Supreme Court in July 2018, the Court encouraged them to attempt mediation, and they agreed. The judgment itself does not spell out the underlying facts of the criminal case, focusing instead on the resulting settlement.

Decision Breakdown

The parties amicably resolved their dispute through the Supreme Court Mediation Centre, producing a signed Settlement Agreement dated 8 August 2018. The Court took the settlement on record and disposed of the appeal strictly in terms of that agreement, directing that it would form part of the final decree. It commended the mediator for her efforts and directed the parties to promptly carry out the settlement's terms, with any pending applications also disposed of.

Lesson Learnt

Even in the Supreme Court, parties to a criminal appeal can be referred to mediation, and a resulting settlement can become the binding basis for finally closing the case, but because the order doesn't record the underlying facts, no broader legal principle beyond approving the settlement can be drawn from this order.

Official source (sci.gov.in)View Judgment (PDF)

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