Vishal Sureshchandra Rawal vs State of Gujarat and Another

M.R. Shah, J.—Rule. Mr. K.P. Rawal, learned Additional Public Prosecutor waives service of notice of Rule on behalf of Respondent No. 1 - State. Ms. Samata Patel, learned advocate waives service of notice of Rule on behalf of Respondent No. 2.

In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties and as the parties have settled the dispute amicably, the present petition is taken up for final hearing today.

By way of this petition under Article 227 of the Constitution of India, the Petitioner - husband has prayed for an appropriate writ, order and/or direction, to quash and set aside the order dated 19/05/2009 passed by learned Judicial Magistrate, First Class, Mehsana awarding maintenance of Rs. 6,000/- in favour of Respondent No. 2 in Criminal Misc. Application No. 579/2006 as well as impugned judgment and order dated 15/03/2010 passed by learned Additional Sessions Judge, Mehsana in Criminal Revision Application No. 108/2009, by which, learned Revisional Court has dismissed the said Criminal Revision Application confirming the order dated 19/05/2009 passed by learned Judicial Magistrate, First Class, Mehsana in Criminal Misc. Application No. 579/2006.

Today, when the present petition is taken up for final hearing, learned advocates appearing on behalf of the respective parties have jointly submitted and stated at bar that the Petitioner as well as Respondent No. 2 have settled the dispute amicably out side the Court and they entered into one Terms of Settlement dated 29/12/2010 signed by the Petitioner and Respondent No. 2 as well as learned advocates appearing on behalf of the respective parties, by which, it is agreed by the Petitioner - husband to pay a lumpsum amount of Rs. 3.25 Lacs to Respondent No. 2 -wife as full and final settlement for future maintenance and blank post-dated cheque of Rs. 3.25 Lacs has been handed over to Respondent No. 2. It is further agreed by Respondent No. 2 to file a divorce petition by mutual consent u/s 13B of the Hindu Marriage Act,1955 at Mehsana and on the day of passing of divorce decree, Respondent No. 2 will return the cheque of Rs. 3.25 Lacs to the Petitioner and the Petitioner will give Demand Draft of Rs. 3.25 Lacs to Respondent No. 2.

In view of the aforesaid settlement, learned advocates appearing on behalf of the respective parties have requested to quash and set aside the impugned orders. The Terms of Settlement dated 29/12/2010 signed by the Petitioner as well as Respondent No. 2 and signed by learned advocates appearing on behalf of the respective parties is directed to be taken on record. The Petitioner and Respondent No. 2 are hereby directed to act as per the aforesaid Terms of Settlement dated 29/12/2010.

In view of the above Terms of Settlement dated 29/12/2010 and considering the request made by learned advocates appearing on behalf of the respective parties, the impugned order dated 19/05/2009 passed by learned Judicial Magistrate, First Class, Mehsana in Criminal Misc. Application No. 579/2006 as well as impugned judgment and order dated 15/03/2010 passed by learned Additional Sessions Judge, Mehsana in Criminal Revision Application No. 108/2009 are hereby quashed and set aside in Terms of Settlement dated 29/12/2010. Rule is made absolute to the aforesaid extent.