Muhammad Razzaque and Others vs The State of Maharashtra and Another

B.R. Gavai, J.—Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. Since, the matrimonial dispute between applicant No. 1 and non applicant No. 2 is settled by way of mediation, the report of Shri S.Y. Deopujari, Advocate/Mediator is received. The parties have amicably settled their dispute as per the "Agreement of Settlement" dated 21-9-2013. As per the terms and conditions of the "Agreement to Settlement", applicant No. 1 has agreed to pay an amount of Rs. 21000/- to non applicant No. 2. It has been agreed that the original receipt issued by the Competent Authority for preparing AADHAR Card of non applicant No. 2, will be returned by the applicant No. 1 to the non applicant No. 2 to facilitate her to collect the AADHAR Card from the Concerned Authority. It has further been agreed that the parties have withdrawn all the allegations made against each other. It has further agreed that they will not claim anything against each other in terms of monetary relief for exchange/return of any article in any manner.

In that view of the matter, the present criminal application (APL) is allowed. Demand draft in the sum of Rs. 21000/- has been handed over by the learned counsel appearing for the applicants to the learned counsel appearing for non applicant No. 2. The non applicant No. 2 who is personally present before this Court has also received the receipt in respect of AADHAR Card.

The Apex Court in case of B.S. Joshi and Others Vs. State of Haryana and Another, has held that whenever matrimonial disputes are settled, this Court should exercise powers u/s 482 of the Criminal Procedure Code for giving an end to the litigation arising out of the said disputes.

As the matter is settled between the parties, criminal application (APPP) No. 894 of 2013 for grant of time to supply typed copy of charge-sheet, does not survive, Hence, criminal application (APPP) shall stand disposed as not survive. Rule made absolute in terms of prayer clause (b) of this criminal application (APL). No order as to the costs.