- (1.) HEARD learned counsel for the parties.
(2.) IN the present criminal misc. petitions, which have been filed by the respective parties under Section 482 Cr.P.C., one S.B. Criminal Misc. Petition No.512/2011-Nitin Bagrecha & Ors. Vs. State of Raj. & Anr. against the order dated 10.01.2011 passed by learned Additional Civil Judge (Jr. Division) & Judicial Magistrate, First Class, No.2, Bhilwara in Criminal Case No.5/2011-State Vs. Nitin Bagrecha S.B. Criminal Misc. Petition No.512/2011- Nitin Bagrecha & Ors. Vs. State & Anr. & Ors. taking cognizance for the alleged offences punishable under Section 498-A and 406 of IPC; and the other misc. petition being SB Criminal Misc. Petition No.258/2012- Smt. Ankita Bagrecha Vs. State & Anr., which has been filed by the wife against the order dated 12.08.2011 passed by the same court in Case No.5/2011 rejecting her application for issuing process qua the respondent No.2- Smt. Rachna Jain. Mr. B.S. Sandhu, learned counsel for the petitioner- husband has moved today an application, namely, (IA No.1685/12) a copy of which has been given to opposite counsel Mr. Vineet Jain, for the respondent- Ankita Bagrecha along-with mutual settlement between the parties through Supreme Court Mediation Centre dated 21.03.2012 and a copy of the order passed by the Hon'ble Supreme Court on 07.05.2012 disposing of Transfer Petition (Civil) No.1171/2010 in terms of compromise between the parties. The said order is quoted herein below for ready reference: "Pursuant to the direction of this Court, both parties appeared before the Supreme Court Mediation Centre and arrived at a settlement. The Settlement Agreement dated 21.03.2012 is taken on record. Both parties are directed to implement the settlement arrived and also permitted to move appropriate application before the Court concerned where their matters are pending. If any such application is filed based on the Settlement Agreement, the concerned Court is directed to pass orders in terms of the Settlement. Today, learned counsel appearing on behalf of the respondent has handed over a Demand Draft for a sum of Rs.15 lakhs to the counsel appearing on behalf of the petitioner. Counsel for the petitioner has duly acknowledged the same. The transfer petition is disposed of." The relevant para No.4 of the Settlement Agreement dated 21.03.2012 arrived at between the parties is also quoted below for ready reference: "4. It has been agreed upon between the parties that the First Party and Second Party will pray before this Hon'ble Court to quash the following cases, or in the alternative the concerned parties will move for withdrawal of the following cases in an appropriate court: i) First Party shall withdraw the complaint No.397/2010 & 398/2010 at JMFC, Bhilwara under various sections of Protection of Women Against Domestic Violence, 2005 ii) First Party shall withdraw the petition No.636/2010 under HMA Section 9 for Restitution of Conjugal Rights pending at Family Court, Bhilwara. iii)First Party shall withdraw the petition No.258/2012 under Section 482 CrPC pending at Rajasthan High Court, Jodhpur. iv)Second Party shall withdraw the petition No.512/2011 under Section 482 CrPC pending at Rajasthan High Court, Jodhpur. In terms of the agreement between the parties and order of the Hon'ble Supreme Court, both the misc. petitions u/s 482 Cr.P.C. are accordingly dismissed as withdrawn by the respective parties. The proceedings pending before the learned Additional Civil Judge (Jr. Division) & Judicial Magistrate, First Class, No.2, Bvhilwara in Criminal Case No.5/2011- State Vs. Nitin Bagrecha & Ors. for the offences punishable under Section 498-A and 406 IPC shall stand quashed accordingly.
(3.) CONSEQUENTLY, the Criminal Misc. Petition No.258/2012 Ankita Bagrecha Vs. State & Anr. shall also stand dismissed as having become infructuous as the the criminal proceedings u/s 498- A and 406 IPC have been quashed in view of compromise arrived at between the parties. This Court puts on record the appreciation for Mr. H.D. Thanvi, Advocate, Supreme Court and Mr. Kamal Raj Singhvi, retired District Judge, for putting in their efforts for settlement of present matrimonial dispute through Mediation Centre of Supreme Court as narrated by the petitioner Mr. Nitin Bagrecha, present in the Court. No costs.;