Devi Prasad Singh, J. - (1.) 1. Heard the learned counsel for the petitioner and learned Standing Counsel and Sri K.K. Singh for the opposite party no. 2. With the consent of the parties' counsel at this stage, the writ petition is being decided finally.
(2.) THERE has been a divorce suit pending between the parties before the opposite party no. 1, Additional Principal Judge, Family Court Lucknow. The FIR was also lodged by the opposite party no. 2 against the petitioner. Against the First Information Report, the petitioner filed a writ petition No. 3495 (M/B) of 2008 in which a Division Bench of this Court has passed an order and referred the matter to the Mediation Centre situated at Lucknow. The parties have entered into the settlement agreement dated 22.09.2008 which was accepted by this Court and writ petition was decided finally by the order dated 12.01.2009, a copy of which has been filed as annexure no. 3 to the writ petition. In the writ petition, a Division Bench of this Court has observed that in view of considering the agreement entered into between the parties, the FIR is quashed. Thus, settlement agreement entered into between the parties has been approved by this Court. Section 89 provides that where it appears to court that there exist elements of settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, for settlement of disputes outside the Court, the Court may reformulate the terms of a possible settlement and refer the same for possible settlement to the Mediation Centre or for conciliation or arbitration or for and judicial settlement including the settlement through Lok Adalat. Keeping in view the mandate of Section 89 of CPC, courts are referring the matters for amicable settlements to the Mediation or Conciliation or to Lok Adalat. Once the settlement agreement entered into between the parties before the Mediation Centre is placed before the Court and the Court accepts the same, then it is binding on the parties, on the terms and conditions entered into between the parties through an agreement before the Mediation Centre. Once the settlement agreement entered into between the parties is accepted by the Court then it is not only binding on the parties but also it is binding on the legal heirs, authorities, courts, arbitrators, tribunals etc. It shall be obligatory for the courts or quasi-judicial authorities or the tribunals or even the State authorities including the police authorities to adjudicate the matter finally in terms of the settlement agreement entered into between the parties before the Mediator.
(3.) UNDER Section 73 of the Arbitration and Conciliation Act, 1996 settlement enter into between the parties is final and binding on the parties. Such settlement may be executed as a decree by the Court under Section 74 of the said Act. Under The Legal Services Authorities Act, 1987 also the provision contained in Section 22 E makes a settlement binding on all the parties thereto. Every award of the permanent Lok Adalat under this Act is deemed to be decree of the Civil Court and may be executed accordingly.;