Mediation Settlement in Criminal Appeal: Shobha Devi vs. State of Bihar

The case of Shobha Devi vs. State of Bihar was brought before the Supreme Court of India under its criminal appellate jurisdiction. The appeal, registered as Criminal Appeal No. 1345 of 2018, arose out of SLP(Crl.) No. 2025 of 2018.

On July 20, 2018, during the proceedings, the Supreme Court intervened and suggested mediation as a means to resolve the dispute between the parties. Both parties agreed to this process, leading to mediation at the Supreme Court Mediation Centre. Subsequently, a Settlement Agreement dated August 8, 2018, was presented before the Court.

The Supreme Court, upon reviewing the terms of the agreement, accepted it and disposed of the appeal accordingly. The agreement became part of the decree, ensuring that both parties adhered to the terms set forth in the mediation.

The Court also extended its appreciation to Ms. Manjula Gupta, the learned mediator, for her dedicated efforts in facilitating the settlement. Furthermore, the cooperation extended by the learned counsel and the parties involved was duly recognized.

Key Observations of the Court

• The Supreme Court acknowledged the settlement reached through mediation and emphasized the importance of alternative dispute resolution in criminal matters where feasible.
• The Court directed the parties to take further steps to implement the settlement without any undue delay.
• Any pending applications related to the case were disposed of in light of the settlement.

Judgment Pronounced by the Bench

The judgment in this case was delivered by a bench comprising:

• KURIAN JOSEPH
• S. ABDUL NAZEER
• M.R. SHAH

The decision was announced in New Delhi on November 2, 2018. The resolution of the matter through mediation reflects the increasing reliance on alternative dispute resolution mechanisms to settle legal disputes efficiently and amicably.

Conclusion

The Supreme Court’s role in facilitating mediation in this case underscores the judiciary’s commitment to promoting amicable settlements. This case serves as an example of how courts can encourage disputing parties to explore mediation as a viable option to resolve their conflicts without prolonged litigation.

Petitioner Name: Shobha Devi.
Respondent Name: State of Bihar & Anr..
Judgment By: Justice Kurian Joseph, Justice S. Abdul Nazeer, Justice M.R. Shah.
Place Of Incident: Bihar.
Judgment Date: 02-11-2018.

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