parties can not be permitted to backtrack after compromise of case in meditation
What emerges from the above that husband and wife had settled their disputes
before the Mediation Center and had signed the ‘Settlement Agreement’, which has even
been acted upon by them. Petitioner no. 1 has paid the entire settled amount to the
respondent no.2, inasmuch as, parties have even obtained a decree of divorceby mutual
consent. In my view after having settled the matter through the process of mediation,
which has even acted upon, parties cannot be permitted to backtrack from the same as it
will negate the aims and objectives of the whole process of mediation. Respondent no.2 is
bound by the terms of the settlement, as contained in the Settlement Agreementarrived at
between them before the Mediation Centre, more particularly when she has already
availed the benefits of the same, that is, having received the settled amount. Withdrawal
of consent by the respondent no.2 on some innocuous ground is impermissible
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : CODE OF CRIMINAL PROCEDURE
W.P.(CRL) 603/2012
