SURENDER CHAUDHARY Vs. STATE AND ANR

JUDGEMENT

(1.) Crl. M.A.No.13305/2015 (for exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed.

(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.Savitri Devi, consequent upon certain matrimonial and domestic disputes having arisen between the parties pursuant to their marriage. The police charge sheeted the petitioner and matter is pending for trial after framing of charges. Meanwhile, the respondent No.2 and the petitioners have amicably settled their disputes vide compromise statement recorded before learned Trial Court on 18.02.2014, for a total sum of Rs.1.50Lac. As per the said settlement, a sum of Rs.40,000/- was received by respondent No.2 on said date itself and Rs.60,000/- were paid to her at the time of recording second motion petition. The balance amount of Rs.50,000/- is paid today in cash to her, which facts have not been disputed by the respondent No.2

(3.) Learned counsel for the petitioner further submits that consequent to the said settlement, marriage between the petitioner No.1 and respondent No.2 has been dissolved vide decree of mutual divorce dated 02.02.2015 under Section 13 B (2) of the Hindu Marriage Act, 1955. Since the agreed amount has been paid by the petitioners, thus, respondent No.2 does not wish to pursue her case further against the petitioner. Copies of the aforesaid settlement and decree of divorce are annexed to the petition.