At the joint request of learned advocates for the parties, the matter is taken up for final disposal and is heard accordingly.
Considering the nature of dispute arising out of matrimonial relationship, learned advocates for the parties have submitted that in view of an amicable settlement arrived at between the parties on 16.2.2012 and terms and conditions are drawn accordingly signed by the parties in presence of the notary, it is submitted that due to intervention of elderly members of the family and future prospects of their children it is decided that respondent No.2 and applicant No.1 would reside in harmony and discharge their matrimonial duties towards each other. Besides, the marriage life is of 11 years and now commitment is made by husband and wife to stay together with their children. It is submitted that powers under Section 482 of the Code be exercised and complaint be quashed and set aside accordingly.
Considering overall facts and circumstances and keeping the law laid down 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 is hereby quashed and set aside. The application is allowed accordingly. No costs.
Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top