1. The present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred by the applicant-husband to quash and set aside the impugned judgment and order dated 02/05/2012 passed by the learned Judge, Family Court No. 2, Ahmedabad in Criminal Miscellaneous Application No. 1525/2009 by which the learned family Court has directed the applicant to pay Rs. 7000/- per month to the respondent towards her maintenance from 23/06/2009.
2. Today, when the present Criminal Revision Application is taken up for further hearing, it is reported that the parties have settled the dispute amicably and they have arrived at the consent terms under which both the applicant and respondent no. 1-wife have decided to get separated by taking divorce by consent. It is also agreed between the parties that the applicant is ready and willing to give Rs. 11 lakhs (Rs. Eleven lakhs only) as permanent alimony to respondent no. 1-wife and respondent no. 1-wife has agreed to accept the same as permanent alimony from the applicant and it is agreed that on receipt of the aforesaid amount of Rs. 11 lakhs there shall not be any demand/claim for any other or more amount by way of maintenance in future. It is agreed in the consent terms that both the parties shall file the divorce petition under Section 13(b) of the Hindu Marriage Act before the concerned Court at Amreli and both the parties have agreed to co-operate each other in getting the divorce by consent. It is agreed by the respective parties that the applicant shall deposit a sum of Rs. 11 lakhs by way of Demand Draft with the concerned Court at Amreli alongwith an application under Section 13(b) of the Hindu Marriage Act and the same may be invested by the concerned Court in the name of Nazir initially for a period of six months and on passing the divorce decree by consent by the concerned Court, the same shall be paid to respondent no. 1-wife with interest accrued thereon. Both the parties have mutually agreed to exchange the 'kariavar' items, ornaments and gift articles, if any, they have received at the time of marriage as per the list of items annexued at Annexure A to the consent terms. Under the consent terms it is agreed by respondent no. 1-wife not to execute the impugned judgment and order passed by the learned Family Court no. 2, Ahmedabad in Criminal Miscellaneous Application No. 1525/2009 on receipt of the aforesaid amount of Rs. 11 lakhs with interest accrued thereon and on getting divorce by consent as stated hereinabove. Under the consent terms it is also agreed by the respective parties that on passing the decree for divorce by consent as stated hereinabove respondent no. 1-wife shall not execute the judgment and decree passed by the learned Metropolitan Magistrate Court No. 1, Ahmedabad in Criminal Case No. 1255/2010 under the Domestic Violence Act and the allegations shall be treated as withdrawn. On getting divorce by consent the applicant- husband has agreed to withdraw Appeal No. 360/2011 arising out of the order passed in Criminal Case No. 1255/2010 and the said Appeal pending in the Sessions Court, Ahmedabad stands dismissed as withdrawn. Under the consent terms, it is also agreed between the parties to withdraw the allegations made in Criminal Case No. 959/2010, which is arising out of FIR, being C.R. II 71/2009 lodged before the Amreli Police Station and on getting the divorce the said Criminal Case also stands dismissed. It is also agreed between the parties that on filing the divorce petition under Section 13(b) of the Act as stated hereinabove, HMP No. 31/2012 filed by the applicant- husband under Section 13 of the Hindu Marriage Act pending in the Court of learned Principal Judge, Amreli will be withdrawn. The learned advocates appearing on behalf of the respective parties, under instructions from the respective clients, who are present before the Court have requested to take the consent terms on record and to dispose of the present Criminal Revision Application in terms of the consent terms.
3. In view of the above, the consent terms signed by the applicant as well as respondent no. 1-wife and by the respective advocates alongwith Annexure ‘A’ (page 1 to 4) is directed to be taken on record and the present Criminal Revision Application is disposed of in terms of the consent terms. In view of the above, it is directed that the applicant and the respondent no. 1 to file a joint divorce petition before the competent Court at Amreli for consent divorce under Section 13(b) of the Hindu Marriage Act within a period of three weeks from today and alongwith the divorce petition under Section 13(b) of the Hindu Marriage Act, the applicant shall deposit a sum of Rs. 11 lakhs by way of Demand Draft before the concerned Court and the concerned Court is directed to invest the same in the fixed deposit in the name of Nazir for a period of six months with cumulative interest and on passing the divorce decree, the aforesaid amount of Rs. 11 lakhs and the interest accrued thereon shall be paid to respondent no. 1- wife by an account payee cheque. In view of the aforesaid consent terms, it is directed that on passing the divorce decree by consent under Section 13(b) of the Hindu Marriage Act, as stated hereinabove, all the proceedings between the parties pending before the different Courts, more particularly, Criminal Appeal No. 360/2011 filed by the present applicant challenging the judgment and decree passed in Criminal Appeal No.
1255/2010 filed under the Domestic Violence Act; Criminal Case No. 959/2010 pending before the competent Criminal Court arising out of the FIR, being C.R. No. II 71/2009 filed before the Amreli City Police Station as well as HMP No. 31/2012 filed by the present applicant under Section 13 of the Hindu Marriage Act pending before the Amreli Court shall be dismissed/dismissed as withdrawn and on payment of the aforesaid amount of Rs. 11 lakhs with interest accrued thereon to the respondent no. 1, the impugned order passed by the learned Family Court no. 2, Ahmedabad dated 02/05/2012 in Criminal Case No. 1525/2009 under Section 125 of the Code of Criminal Procedure as well as the order passed by the learned Metropolitan Magistrate No. 1, Ahmedabad in Criminal Criminal Case No. 1255/2010 under the Domestic Violence Act are not to be acted upon. The aforesaid payment of Rs. 11 lakhs with interest accrued thereon shall be towards permanent alimony i.e. full and final settlement of the claim by respondent no. 1-wife against the applicant and thereafter there shall not be any claim by the respondent no. 1-wife against the applicant wife.
4. With this, the present Criminal Revision Application is disposed of.
(M.R. SHAH, J.) siji