PRAMODKUMAR BRIJBHUSHAN SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Kogje, Ld.APP waives service of rule on behalf of respondent-State. Mr.Rahul Pandya appears for respondent No.2 and waives service of rule. With the consent of learned advocates for the parties matter is taken up for final hearing today.

(2.) The short facts of the case appear to be that a complaint was filed by the respondent No.2 against the petitioner for the offences under sections 490A and 506(1) of IPC and others and the said complaint was registered vide CR No.I-239/03 of Sola Police Station and the petitioner has preferred this petition for quashing of the said complaint filed by the respondent No.2.

(3.) The Ld.counsel appearing for the petitioner Mr.Oza as well as Mr.Rahul Pandya for the original complainant, at the outset, have declared before this court that the matter is settled between the husband and the wife and a compromise purshis was filed before the Family Court in the proceedings of divorce which, inter alia, provided that the criminal case is to be withdrawn by the original complainant-wife. The Ld.counsel for both sides have placed on record the judgment passed by the Ld.Judge of the family court whereby the decree of divorce is passed and it is stated that as an outcome of the compromise the present complaint may also be quashed.