VIJAY BISHNOI, J. - (1.) This Criminal Misc. Petition has been filed by the petitioners with the prayer for quashing the proceedings pending against the petitioners before the learned Additional Chief Judicial Magistrate No. 2, Udaipur in Criminal Regular Case No. 76 of 2009, State of Rajasthan v. Rajendra Sharma and Ors. arising out of F.I.R. No. 68/2007 of Police Station Mahila Thana, Udaipur for the offence under Sections 498A and 406 I.P.C.
(2.) It is stated by learned Counsel for the petitioner as well as learned Counsel for the respondent No. 2 that the petitioner No. 1 has moved an Divorce Petition before the Family Court, Bhopal and the same was allowed vide judgment and decree dated 16.12.2008, thereafter, the respondent No. 2 has filed an appeal before the High Court of Madhya Pradesh Principal Seat at Jabalpur, wherein the parties have entered into a compromise and agreed for divorce and resolved their differences. The terms on which the compromise has been entered into the parties before the High Court of Madhya Pradesh Principal Seat at Jabalpur is mentioned in the order dated 21.11.2013 passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur in first Appeal No. 78/2009, a certified copy of which is produced on record.
(3.) While disposing of the First Appeal filed by the respondent No. 2 the High Court of Madhya Pradesh Principal Seat at Jabalpur has passed the following order:- First Appeal No. 78/2009 21.11.2013 "Counsel for the parties present. Appellant-wife Smt. Anubha Sharma and respondent-husband Rajendra Sharma are also present in person. This appeal by the appellant wife is directed against the judgment and decree dated 16.12.2008 passed in RCS No. 159 A/2007 by the First Additional Principal Judge Family Court, Bhopal whereby respondent's petition for divorced has been allowed. Having regard to the nature of Dispute Between the parties, we asked Registrar (J-l) Smt. Giribala Singh to do mediation in order to resolve their differences. After mediation the parties have agreed for divorce and resolve their differences on the following terms:- 1. The parties will move petition under Section 482 Cr.P.C. before the High Court at Jodhpur for quashment of regular trial 76/2009 under Sections 498A and 406 I.P.C. and also for quashment of RT 353/2013 under Sections 468, 471 I.P.C. pending before the District Court Udaipur. 2. The appellant will withdraw proceeding pending before the Family Court Udaipur under Section 127 Cr.P.C. and will seek any further maintenance amount awarded in Case No. 387/2007 (order dated 21.1.2009) passed by the Family Court Udaipur under Section 125 Cr.P.C. 3. Both the parties also have agreed to settle Case Nos. 58-B/2007 and 276-A/2007 before the District Court Bhopal by mutual consensus under the Lok Adalat. Parties also consent that admissions in the course of deliberation will incur any future civil or criminal liability. As directed by Hon'ble His Lordship the appellant and respondent had been heard in person. The appellant Smt. Anubha Sharma and the respondent Shri Rajendra Sharma have agreed to resolve all their differences and have agreed for divorce on the following terms:- 1. The parties will move a petition under Section 482 Cr.P.C. before the High Court at Jodhpur for quashment of regular trial 76/2009 under Sections 498A and 406 I.P.C. and also for quashment of RT 353/2013 under Sections 468, 471 I.P.C. pending before the District Court Udaipur. 2. The appellant will withdraw proceeding pending before the Family Court Udaipur under Section 127 Cr.P.C. and will seek any further maintenance amount awarded in Case No. 387/2007 (order dated 21.10.2009) passed by the Family Court Udaipur under Section 125 Cr.P.C. 3. Both the parties also have agreed to settle Case Nos. 58-B/2007 and 276-A/2007 before the District Court Bhopal by mutual consensus under the Lok Adalat. 4. Parties also consent that admissions in the course of deliberation will incur any future civil or criminal liability. Submitted for kind perusal. sd/- Giribala Singh Registrar [J-l] Hon. Shri Justice Ajit Singh [In Chamber] The note sheet prepared by Smt. Giribala Singh in this regard is directed to be treated as part of the record. In this result the first appeal is finally disposed of as per the above quoted terms of settlement. Certified copy as per rules. sd/- (Ajit Singh) Judge sd/- Alok Aradhe Judge" ;