[1.0] Present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”) has been preferred by the applicant herein – original respondent – husband challenging the impugned order passed below application Exh.17 in Criminal Miscellaneous Application No.904 of 2010 by which the learned Judge has rejected the application submitted by the applicant raising preliminary objection with respect to maintainability of the said Criminal Miscellaneous Application No.904 of 2010 which was submitted by respondent No.2 under Section 125 of the CrPC. [2.0] Today, when the present revision application is taken up for further hearing, Shri Vijal Desai, learned advocate appearing on behalf of the applicant – original respondent and Shri U.M. Shastri, learned advocate appearing on behalf of respondent Nos.2 – original applicant have jointly stated at the Bar that the applicant and respondent No.2 who are personally present in the Court have settled the dispute amicably and the applicant has agreed to pay a sum of Rs.48,000/ (which the applicant has paid to respondent No.2 herein today by demand draft) towards her permanent alimony as earlier also the applicant has paid a sum of Rs.3,15,000/ to respondent No.2 for Maher, Iddat period and future maintenance pursuant to the order passed in Criminal Miscellaneous Application No.227 of 2009. It is further submitted that on payment of aforesaid amount of Rs.48,000/, there shall not be any future claim against the applicant towards her maintenance etc. and it is also agreed between the parties that the mother of respondent No.2 who is also personally present in the Court has agreed not to proceed further with the private complaint filed by her against the applicant and others being Criminal Case No.2962 of 2010 and its Criminal Inquiry Case No.24 of 2010 and respondent mother of respondent No.2 – original complainant has no objection if Criminal Miscellaneous Application No.2117 of 2011 and Criminal Miscellaneous Application No.14465 of 2012 filed by the applicant and others pending before this Court are allowed and the aforesaid criminal proceedings being Criminal Case No.2962 of 2010 and its Criminal Inquiry Case No.24 of 2010 pending in the Court of learned Chief Judicial Magistrate, Godhra are set aside. It is submitted that in view of the settlement, now the respondent No.2 shall not proceed further with the Criminal Miscellaneous Application No.904 of 2010 pending before the learned Family Court, Godhra. Learned advocates appearing on behalf of respective parties have produced on record the Consent Terms signed by the applicant as well as respondent No.2 herein as well as the consent terms in Gujarati as well as in English dated 08.10.2012. Therefore, learned advocates appearing on behalf of respective parties have requested to dispose of the present revision application in terms of the settlement dated 08.10.2012.
[3.0] Having heard Shri Vijal Desai, learned advocate appearing on behalf of the applicant – husband and Shri U.M. Shastri, learned advocate appearing on behalf of respondent No.2 and the consent terms submitted by the learned advocates appearing for respective parties, which is directed to be taken on record, which has been admitted and accepted by the applicant as well as respondent No.2 as well as her mother, who are personally present in the Court, it is directed that on payment of further amount of Rs.48,000/ (which is reported to have been paid by demand draft today) there shall not be any claim of respondent No.2 herein against the applicant towards the maintenance etc. and the present Criminal Revision Application stands disposed of in terms of the Consent Terms. Consequently, Criminal Miscellaneous Application No.904 of 2010 pending before the learned Family Court, Godhra also stands disposed of. It is agreed by the learned advocates for respective parties to produce the zerox copy of the Consent Terms in the proceedings being Criminal Miscellaneous Application Nos.2117 of 2011 and 14465 of 2012 arising out of the Criminal Case No.2962 of 2010 / Inquiry Case No.24 of 2010 pending in the Court of learned Chief Judicial Magistrate, Godhra with a request to dispose of the same/allow the same and to quash and set aside the said proceedings so that appropriate order can be passed in the aforesaid proceedings. Either of parties to produce the present order before the learned Family Court, Godhra in Criminal Miscellaneous Application No.904 of 2010 so that a formal order of disposing of the said application can be passed by the learned Family Court, Godhra.
[4.0] With this, present Criminal Revision Application is disposed of in terms of Consent Terms dated 08.10.2012. Direct service is permitted.
(M.R. Shah, J.) menon