The High Court closed the appeal upon the submission that the appellant and respondent No.3 had reached a mutual settlement regarding the underlying differences, rendering further judicial intervention unnecessary in this forum.
Appeal closed; Family Court directed to pass orders per the settlement.
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GAHC010098672020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/83/2020
SMTI RUMI KALITA
D/O SRI NARAYAN KALITA, W/O SRI RANJIT DAS, R/O VILL. AND P.O. DHARAPUR, P.S. AZARA, GUWAHATI 781017, DIST. KAMRUP (M), ASSAM, MOBILE NO. 9706601331 D.O.B. 01-12-1988
VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME, DISPUR, GUWAHATI 781006
2:THE COMMISSIONER OF POLICE KAMRUP (M) GUWAHATI 781007 3:RANJIT DAS S/O LATE DEHIRAM DAS PRESENTLY RESIDING AT ASEB COLONY NARENGI TYPE 3/04/G.F.I. P.O. AND P.S. NOONMATI GUWAHATI 781026 DIST. KAMRUP (M) ASSAM MOBILE NO. 995715297
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : GA, ASSAM
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BEFORE HON’BLE MR. JUSTICE N. KOTISWAR SINGH HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
:: O R D E R ::
05.08.2022
[N. Kotiswar Singh, J]
Heard Ms. H. Baishya, learned counsel for the appellant. Also heard Mr. H.K. Hazarika, learned Govt. Advocate, Assam appearing for respondent Nos.1 & 2 and Ms. N. Deka, learned counsel appearing for respondent No.3.
It has been submitted at the Bar that the principal contesting parties, i.e. appellant and respondent No.3, have arrived at a mutual agreement to settle the differences between the appellant and respondent No.3 in connection with which an affidavit has been already filed by the appellant on 01.08.2022 containing the terms and conditions and accordingly, it has been submitted by the counsel for the parties that the matter can be closed.
In view of the submission made above that such a settlement being arrived at between the appellant and respondent No.3, the present appeal is closed.
Ms. Baishya, learned counsel for the appellant also submits that in this appeal an interim order was passed on 21.12.2021 to the effect that the custody proceeding pending before the Family Court, Kamrup (M) in Ms.(J) Case No.31/2020 may not proceed further.
In view of the settlement arrived at between the appellant and respondent No.3, we are of the view that the learned Family Court, Kamrup (M) will also pass appropriate order in terms of the settlement arrived at between the parties as submitted before this Court.
JUDGE
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the appeal requires adjudication after a mutual settlement was reached between the appellant and respondent No.3.
Smti Rumi Kalita
The State of Assam
Commissioner of Police Kamrup (M)
Ranjit Das
N. Kotiswar Singh
Arun Dev Choudhury
As recorded by the court registry
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