MAHESH CHAND Vs. STATE & ANR

JUDGEMENT

(1.) Crl.M.A.18683/2015 (for exemption)

(2.) Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on the complaint of respondent No.2, namely, Smt.Sonika, consequent upon certain matrimonial and domestic violence having arisen between the parties pursuant to her marriage with the petitioner. After the investigation, police has filed the charge sheet, and matter is pending trial. Meanwhile, the good senses prevailed and respondent No. 2 and the petitioner have resolved their disputes vide settlement deed dated 03.11.2015. As per the settlement, the petitioner and respondent No.2 has agreed to live together as husband and wife. Consequent to such settlement, petitioner and respondent No.2 are meeting, however, they will start living with effect from 01.04.2016 for the reason that petitioner No.1 is stationed at Panchkula and respondent No.2 is living at Delhi with children. Accordingly, after the present academic session is over, she will shift over there with effect from 01.04.2016. Thus, respondent No.2 has no complaints whatsoever against petitioner and she does not want to pursue the case further against him.

(3.) Respondent No.2 is personally present in the Court through learned counsel, above named and has been identified by Investigating Officer of the case. Learned counsel for respondent No.2, under instructions, does not dispute as to what is stated by learned counsel for petitioner and submits that they will start living together permanently with effect from 01.04.2016 after the academic session of the children is over. The affidavit of respondent No.2 is at Page No.54 of the petition. Therefore, prays that to restore cordiality amongst the parties, proceedings arising out of FIR in question be brought to an end.