1. At the joint request of learned advocate appearing for the parties and a statement made by them about an amicable settlement arrived at between the parties namely, relatives and wife who are applicants herein and the complainant-husband, the matter is taken up for final disposal.
2. Mainly due to difference between the two families initially the complaint was filed and pursuant to intervention by elderly membs of the families, now an amicable settlement is arrived and wife is now residing with complainant-husband. The respondent-husband has so declared on oath as per affidavit dated 7.5.2012 which reads as under:
"I state that my marriage was solemnized with one Hetal, who happens to be daughter of petitioner No.1 herein on 29.8.2011. thereafter, we got our marriage registered on 4.1.2012 before Gamdi Gram Panchayat on 4.1.2012. that I got married with Hetal against the wish of the petitioner NO.1 herein and her other family members. That on 21.3.2012, the petitioner No.1 and other petitioners took away Hetal i.e. my wife out of love and affection and they did not want Hetal to stay with him. However, amicable settlement has been arrived at between me and the petitioner No.1 i.e. father of my wife, namely, Hetal and the difference have been removed between the two families through the elderly persons of our caste. That presently my wife namely, Hetal has been residing with me happily and there is no harassment from the petitioner. Therefore, in view of the amicable settlement, if the FIR in question is quashed and set aside, I have no objection. I have no grievance against the petitioner. That I do not want to proceed further with the FIR in question in view of the amicable settlement arrived at between us."
3. Considering the above declaration on the part of the respondent-husband and the parties have decided to live in peace and harmony subjecting them to rigour of trial would not serve any purpose, keeping in mind the law laid down in the case of Shiji @ Pappu& Ors. v. Radhika & Anr. [(2011) 10 SCC 705], a case is made out within parameters of law and appreciation as made out by the Apex Court in the above case, accordingly, the complaint impugned is quashed and set aside in exercise of powers under Section 482 of the Code of Criminal Procedure, 1973.
4. The application is allowed to the above extent. No costs.
[ANANT S. DAVE, J.] //smita// Top