SAIRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By consent of the parties, heard finally at admission stage.

(2.) The applicants are seeking quashing of F.I.R. No. 214 of 2021 registered with M.I.D.C. Cidco Police Station, Aurangabad for the offence punishable under Ss. 323, 498-A, 504 r.w. 34 of I.P.C. and also seeking quashing of the proceedings vide R.C.C. No. 2295 of 2021 pending before the learned Judicial Magistrate, First Class, Aurangabad, on the ground that the parties have arrived at a amicable settlement.

(3.) Learned counsel appearing for the applicants and learned counsel appearing for respondent No.2 submit that the parties have arrived at an amicable settlement and decided to put an end to the marital ties and all the proceedings pending in the Courts. The settlement terms are reduced into writing and the same has been placed before the Family Court, Aurangabad. Learned counsel for respondent No.2 submits that applicant No.1-husband has filed a petition before the Family Court, Aurangabad for a decree of divorce and the same is now sought to be converted into a petition seeking decree of divorce on mutual consent in terms of the provisions of Sec. 13-B of the Hindu Marriage Act, 1955. The compromise terms are worked out and the same has been placed before the Family Court. Learned counsel for respondent No.2-informant submits that applicant No.1-husband has agreed to pay an amount of Rs.10,00,000.00 (Rupees Ten Lakh only) to respondent No.2 as permanent alimony and the said amount has been deposited before the Family Court. It is agreed between the parties that the said amount will be paid to respondent No.2 after the decree of divorce is passed. Learned counsel for respondent No.2 has filed a consent affidavit to that effect.