LAWS(BOM)-2022-3-350

DINESH SHANKARNARAYAN KUMARKANDATH NAIR Vs. STATE OF MAHARASHTRA

Decided On March 22, 2022
Dinesh Shankarnarayan Kumarkandath Nair Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard finally with consent at the admissions stage.

(2.) The petitioners are seeking quashing of the proceedings bearing R.C.C. No. 1906/2022 pending before the Judicial Magistrate, First Class, Aurangabad arising out of Crime No. 177/2020 registered with Satara Police Station for the offences punishable under Ss. 498-A, 323, 505, 506 read with Sec. 34 of the Indian Penal Code, on the ground that the parties have arrived at amicable settlement.

(3.) Learned Counsel for the petitioners and learned Counsel for respondent No. 2 submits that the parties have arrived at amicable settlement and in terms of the settlement they have fled petition for divorce on mutual consent in terms of the provisions of Sect6ion 13-B of the Hindu Marriage Act before the Family Court, Palakkad, State of Kerla vide O.P. No.1115/2021. The said petition is still pending. Learned Counsel appearing for the parties submit that it is agreed between the parties that petitioner No. 1 - husband shall pay an amount of Rs.6,00,000.00 (Rupees Six Lacs) to respondent No.2 towards permanent alimony by way of account transfer to the account of respondent No. 2. It is further agreed between the parties that petitioner No.1 - husband shall pay Rs.50,000.00 (Rupees Fifty Thousand) per trip to respondent No. 2 towards travelling charges to attend the dates before the Palakkad Family Court in the State of Kerla and the amount 971 criwp-1291.2021.odt shall be paid at the time of fling of the affdavit before the Family Court and subsequent dates if contingency so arises. Parties have mutually agreed to withdraw all the litigation fled against each other in respective Courts of law.