1.Heard learned counsel for the parties. On a complaint filed by the nonapplicant Kantilal Narsibhai Patel, learned J.M.F.C. - Palanpur has issued process against the petitioner Aratiben @ Naynaben Jagania, a divorcee wife and Pitambarbhai Patel, a Sarpanch of village Laxmipura, for the offences punishable u/s 500 and 114 - IPC.
2.In order to settle the dispute, Artiben who is present before this Court today tenders apology for whatever she has said, on the basis of which the complaint has been filed by the husband. In view of the apology tendered by the petitioner, the ends of justice would meet if the complaint filed before the learned Magistrate is quashed. The learned counsel appearing for the husband has very fairly submitted that he would have no objection to this course being adopted. He however submits that it was a matter between the husband and wife and the Sarpanch had no business to enter into the matter and therefore, the case should stand against the Sarpanch
- Pitambarbhai Patel. However, considering the totality of the case, in my view, the entire complaint is required to be quashed. It is however made clear that this order or apology of the petitioner is only confined to the present complaint and will not prejudice any proceedings anywhere.
3.In view of the aforesaid, this Criminal Misc. Application is allowed. The proceedings being Criminal Case No.1571/93 pending before the Court of learned J.M.F.C. - Palanpur are hereby quashed and set aside. Rule made absolute.
FEBRUARY 13, 1997[ N.N.MATHUR, J. ] parmar*