BHAVIN BHUPENDRABHAI GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application has been filed by the petitioners original accused Nos. 1,2 and 3 under Section 482 of the Criminal Procedure Code for quashing and setting aside the complaint being C.R.No. 281/05 registered with Vejalpur Police Station, Ahmedabad and also to quash any other further proceedings in pursuance thereto conducted and/or submitted by the Investigating Officer.

(2.) Respondent No.2 herein original complainant has filed Criminal complaint being C.R.N. 281/05 with Vejalpur Police Station, Ahmedabad against the petitioners for the offences punishable under Sections 498(A), 341, 114, 406 and 420 of the Indian Penal Code read with Sections 4 and 5 of the Dowry Prohibition Act. Respondent No.2 herein-original complainant is the divorced wife of applicant No.1. As the parties have settled amicably, this Court is not discussing merits of the case in detail.

(3.) Today when the matter is called out, learned Advocate appearing on behalf of the respective parties have produced on record 'Memorandum of Understanding and Pursis of Full and Final over all Settlement' signed by the petitioner No.1 herein and respondent No.2 original complainant whereby it is agreed between the parties that the petitioner will pay an amount of Rs.3,75,000/- (Rupees Three lac Seventy Five Thousand only) to respondent No.2 original complainant by way of alimony / maintaence and that the parties have also agreed to withdraw First Appeal No. 3349 of 2005 and Civil Application No. 11193 of 2005 in First Appeal No. 3349 of 2005 whereby the decree passed by the Family Court, Ahmedabad is challenged and it has been decided that the decree of divorce will be treated as final and binding to both the parties. It is also agreed between the parties by way of 'Memorandum of Understanding' that the proceedings for maintenance instituted by the complainant in the Court of J.M.F.C., Surendranagar will be withdrawn unconditionally and on payment of Rs.3.75 lacs by applicant No.1 to respondent No.2 that there shall not be future claims by the complainant. It is also agreed between the parties that C.R.No. 281 of 2005 lodged at Vejalpur Police Station be also not proceeded further in view of overall settlement of dispute between the parties. Said 'Memorandum of Understanding' is directed to be taken on record.