MUKUNDBHAI DILIPBHAI SONI Vs. STATE OF GUJARAT
LAWS(GJH)-2021-9-1624
HIGH COURT OF GUJARAT
Decided on September 21,2021

Mukundbhai Dilipbhai Soni Appellant
VERSUS
STATE OF GUJARAT Respondents




JUDGEMENT

- (1.)Pursuant to the order dtd. 2/9/2021 passed by this Court, the petitioners have deposited cheque bearing No.597207 dtd. 8/9/2021 drawn on Yes Bank, Katargam, Surat for Rs.20,00,000.00 (Twenty Lacs only) with the Registry of this Court. The Registry has placed on record the Note dtd. 9/9/2021 wherein the factum of above deposit made by the petitioners has been narrated. Registry to process the cheque accordingly.
(2.)Today, the respondent No.2-original complainant has appeared before this Court. She has affirmed about the factum of settlement of dispute with the petitioners and has also affirmed about the execution of the Memorandum of Understanding dtd. 26/8/2021 before the Gujarat High Court Mediation Centre wherein the terms and conditions of settlement have been narrated. She stated that an application under Sec. 13B of the Hindu Marriage Act, 1955 has been filed before the Family Court, Surat and that as per the terms and conditions of the Memorandum of Understanding, she could withdraw the amount of Rs.20,00,000.00 deposited with the Registry of this Court, on submitting a certified copy of the consent decree of divorce that may be passed by the Family Court concerned. As per the terms and conditions of the Memorandum of Understanding, the respondent-complainant has given her consent for quashment of the impugned complaint.
(3.)It appears that as per the terms and conditions of the Memorandum of Understanding executed before the Mediation Centre, the petitioners have deposited the sum of Rs.20,00,000.00 (Twenty Lacs only) with the Registry of this Court and on submission of a certified copy of the consent decree of divorce that may be passed by the Family Court concerned, the respondent No.2 would be entitled to withdraw the said amount of Rs.20,00,000.00 from the Registry.


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