Upon joint request of learned advocates for the parties and in view of what is recorded on 13.3.2012, the affidavit dated 14.3.2012 filed by Rashidabibi w/o. Jakirhussein Abdulsatter Sekh & Minor Sufiyanbhai Jakirhussein Sekh is ordered to be taken on record on behalf of minor. In the said affidavit it is declared that the dispute is amicably settled and respondent No.2 has received Rs. 4 lakhs for herself and on behalf of minor and in para 1, 2 and 3 she has stated on oath as under:
"1. The petitioners and the respondent Nos. 2 and 3 under the advice of their lawyers and their well wishers, have amicably settled the dispute inter se. The petitioner No.1 accordingly has paid Rs. 4 lacs to respondents Nos. 2 and 3 yesterday and as against which the respondent Nos. 2 and 3 have given up their dispute with respect to the residential property bearing City Survey No. 5090/a situated in Ghanchiwad, Kapadwanj town forever.
2. The parties as above submit that as per the settlement that the judgment and order dated 30.11.2010 passed by the learned JMFC, Kapadwanj in Misc. Criminal Application No. 207 of 2010 and also the judgment and order dated 8.8.2011 passed by the Principal Sessions Judge, Kheda at Nadiad in Criminal Revision Application No. 134 of 2010 in favour of respondent Nos. 2 and 3 may be quashed and set aside.
3. The petitioner and respondent Nos. 2 and 3 submit that the respondent Nos. 2 and 3 shall not claim any right, title and/or interest in the subject property and shall withdraw the claim from the City Survey Inquiry, Kapadwanj. A separate settlement deed is prepared by our advocates and the parties have signed the same."
Considering the overall aspect, nature of dispute and an amicable settlement is arrived between the parties and keeping in mind the decision of the Apex Court in the case of B.
S. Joshi v. State of Haryana [AIR 2003 SUPREME COURT 1386], I am inclined to quash and set aside the impugned complaint by exercising powers under section 482 of the Code.
Accordingly, the impugned complaint, proceedings and orders are hereby quashed and set aside. The application as well as the petition is allowed accordingly. No costs.
Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top