Rule.
Service of rule is waived by learned APP Mr. HL Jani for respondent No.1-State and learned advocate Mr. KV Shelat for respondent No. 2.
2. The present application has been filed by the applicant accused husband under sec. 482 of the Code of Criminal Procedure for the prayer that the FIR being C.R. No. I-7/2012 registered with Navrangpura Police Station, Ahmedabad, may be quashed and set aide on the grounds stated in the application.
3. Heard learned advocate Mr. Samir Dave for the applicant, learned APP Mr. Jani for respondent No.1 and learned advocate Mr. Shelat for respondent No.2-original complainant.
4. Both the learned advocates Mr. Dave and Mr. Shelat have stated at the Bar that the divorce has been granted as per the order and decree dated 6.7.2007 and thereafter the aforesaid FIR was filed. However, consent terms have been arrived at and the differences have been thrashed out or resolved and the misunderstanding has also been sorted out. The learned advocates have therefore stated that the present application may be allowed.
5. In the facts and circumstances and in view of the consent terms which have been recorded again and the decree drawn with regard to payment of the amount as agreed between the parties stating that the whole dispute has been resolved, the present petition deserves to be allowed in light of the guidelines laid down by the Hon'ble Apex Court in catena of judicial pronouncements including the judgment reported in AIR 2012 SC 499.
6. The application stands allowed. Prayer in terms of para 10(B) is granted. The FIR being C.R. No. I-7/2012 registered with Navrangpura Police Station, Ahmedabad, is hereby quashed and set aside. Rule is made absolute.
(Rajesh H. Shukla, J.) (hn) Top