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2013 DIGILAW 2192 (BOM)

Amit S/o. Subhashrao Marshettiwar v. Sau. Minaxi w/o. Amit Marshettiwar

2013-10-18

P.D.KODE

body2013
JUDGMENT 1. Heard. 2. Rule. Rule made returnable forthwith. Ms. I.P. Khisti, Advocate appears for the respondent waiving service. Heard finally by consent of parties. 3. By the present petition preferred under Article 227 of the Constitution of India, the petitioners who are respectively the husband, father-in-law and mother-in-law of the respondent, have prayed for quashing and setting aside proceedings i.e. Misc. Criminal Case No.510 of 2011 instituted by the respondent in the 10th Court of Judicial Magistrate First Class, Chandrapur. Incidentally the prayer is also made for allowing the application Exh.10 therein preferred by the petitioners and rejected by said Court and so also for quashing and setting aside the order dated 15.01.2013 passed by the learned Sessions Judge, Chandrapur, dismissing Criminal Appeal No.33 of 2012 preferred by the petitioners assailing the rejection of Exh. 10 by the trial Court. 4. Misc. Criminal Case No.510 of 2011 was instituted by the respondent against the petitioners under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short "Domestic Violence Act"), amongst other for reliefs in nature of a protection against domestic violence at the hands of the petitioners, a monthly maintenance, for providing her residential accommodation and for a compensation and the costs. 5. The petitioners after appearing in the said case has preferred an application Exh.10 amongst other praying for quashing and/or dismissing the said case, with bone contention of untenable proceedings amounting to gross abuse of process of law being initiated against them by suppressing the fact of the divorce having arrived earlier in between petitioner no.1 and the respondent. The said application was rejected by the trial Court vide order dated 13.02.2012. Criminal Appeal No.33/2012 preferred by the petitioners assailing the said order was dismissed by the Court of Session. Thereafter the petitioners approached this Court for assailing both the orders passed by the trial Court as well as for the reliefs as narrated hereinabove. 6. Pending admission of this petition considering the nature of the controversy between the parties, they were directed to explore the possibility of amicable settlement, if any. In pursuant to the same, the counsel for both the parties today informed that amicable settlement has been arrived at in between the parties. They have also tendered the consent terms arrived at in between the parties. The same is taken on record and marked as "X" for identification. 7. In pursuant to the same, the counsel for both the parties today informed that amicable settlement has been arrived at in between the parties. They have also tendered the consent terms arrived at in between the parties. The same is taken on record and marked as "X" for identification. 7. The learned counsel having informed that the parties are present before the Court, query was made to them. Thereon parties in unequivocal terms submitted of the matter being amicably settled as per terms and conditions mentioned in consent terms tendered in Court. The respondent upon specific query submitted of having received the amount as mentioned in consent terms, having agreed for filing a petition for divorce by mutual consent and herself being not interested in proceeding with the miscellaneous criminal case filed under Section 12 of the Domestic Violence Act in the Court of the Judicial Magistrate First Class, 10th Court, Chandrapur. 8. All the aforesaid leads to inescapable conclusion of the parties having arrived at an amicable settlement on terms and conditions stated in said consent terms tendered. The perusal of the consent terms does not reveal the same being contrary to any provisions of law. Hence for giving effect to the settlement arrived as narrated in the consent terms, the prayers in the petition deserves to be allowed. Needless to add the same would be necessary as there remains no propriety in continuing the said proceedings which even the respondent does not intend to continue further for any meaningful purpose. 9. It appears accordingly as allowing/continuing of proceeding of the said case after arrival of the settlement in between the parties would be only an empty ordeal amounting to the abuse of the process of law. Hence it appears proper to quash and set aside the said case for securing ends of justice. In view of quashing of main case, there appears no propriety in maintaining the orders passed in the said case i.e. the orders which are impugned in the petition. 10. Resultantly the petition is allowed. Misc. Criminal Case No. 510 of 2011 pending on the file of Judicial Magistrate First Class, 10th Court, Chandrapur under Section 12 of the Domestic Violence Act, inclusive of order dated 13.02.2012 passed on Exh.10 as well as order dated 15.01.2013 passed by Sessions Judge rejecting appeal; are hereby quashed and set aside. 11. 10. Resultantly the petition is allowed. Misc. Criminal Case No. 510 of 2011 pending on the file of Judicial Magistrate First Class, 10th Court, Chandrapur under Section 12 of the Domestic Violence Act, inclusive of order dated 13.02.2012 passed on Exh.10 as well as order dated 15.01.2013 passed by Sessions Judge rejecting appeal; are hereby quashed and set aside. 11. Rule made absolute in the aforesaid terms. No costs. Petition allowed.