1. At the joint request, the matter is taken up for final disposal.
2. Heard learned advocates appearing for the parties respectively. This application under Section 482 of the Code of Criminal Procedure, 1973, is filed with a prayer to quash and set aside the proceedings of Criminal Complaint being C.R.No.I-099 of 2007 lodged with Himmatnagar Town Police Station, Himmatnagar.
3. It is jointly submitted that in view of notarized settlement dated 24.2.2012 recorded between the complainant and father of the applicant, now affidavit dated 1.3.2012 is filed by the complainant which reads as under:
"2. I respectfully say and submit that I have already taken the divorce from the petitioner and I have remarried with one Mubarakbhai Akbarbhai Vijapura on 5.2.2010. I am having happy married life with my second husband. I am having a son out of my second marriage. The petitioner has already paid the life time maintenance and iddat amount as per the custom of the community to myself and my two daughters. The amount of maintenance paid to my two daughters has been invested in FD which is to be utilized for the education and welfare of both the daughters. It has also been decided to give the custody of both the daughters to the father of the petitioner-Ismailbhai Ibrahimbhai Bhatt. We have already decided to withdraw the case against each other. Annexed hereto and marked as Annexure A to the affidavit is the copy of the compromise entered into myself and the father of the petitioner Ismailbhai Ibrahimbhai Bhatt regarding overall settlement of the matrimonial dispute.
3. I am therefore having no grievance against the present petitioner and I have no objection if the Criminal Complaint vide CR No.I-99/2007 and consequent proceedings qua present petitioner are quashed by this Hon'ble Court."
4. In view of nature of dispute arising out of matrimonial relationship and the applicant as well as private respondent-complainant has decided to live separately and amount of permanent alimony and amount during the Iddat period is made, considering the law laid by the Apex Court in the case of B.S. Joshi & Ors. v. State of Haryana [(2003) 4 SCC 675], Nikhil Merchant v. CBI [(2008) 9 SCC 677] and Madan Mohan Abbot v. State of Punjab [(2008) 4 SCC 582] subjecting parties to rigor of trial would cause undue hardships and that the custody of the children is handed over to the applicant, I am inclined to allow this application by quashing and setting aside the impugned complaint, charge-sheet and proceedings initiated therein in terms of paragraph 15(A) of this application. Order Accordingly.
5. The application is allowed to the aforesaid extent.
[ANANT S. DAVE, J.] //smita// Top