1 revn.143.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Revision Application No. 143 of 2011 Mr. Suchita Yogesh Agarwal ....Applicant v/s. Mr. Yogesh Ramesh Agarwal & ors. ....Respondents Mr. P.B.Shah with Mr. Vivek Salunke for the applicant. Mr. S.A. Sawant with Mr. Ketan Joshi with Mr. Kode and Ms. Gunjan Shah for the respondents. Mrs. M.R. Tidke-APP for the State. CORAM: B.R. GAVAI, J. 11th July, 2011 PC: Matter is taken up in the Chamber. Leave to delete respondent nos. 2 and 3. Amendment be carried out forthwith. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. The present criminal revision application arises out of the order passed by the learned District Judge, 11th Additional Sessions Judge, Pune dated 8th March, 2011 thereby allowing the appeal and setting aside the order dated 11th October, 2010 in Misc. Application No. 2673/2009 passed by the Judicial Magistrate First Class, Pune. 4. The petitioner and the respondent were married to each other on 14th 2 revn.143.11.sxw December, 1996. They have been blessed with son namely Mayank who is at present aged about 10 years. 5. However, it appears that there has been matrimonial dispute between the parties for almost last 6 years. The respondent no.1 herein has filed the petition for decree of divorce being M.A. No. 253/2010 on the ground of cruelty. 6. The applicant had also filed an application being M.A. No. 2673/2009 before the learned JMFC, Pune for various reliefs under the provisions of the Protection of Women from Domestic Violence Act, 2005. The Learned JMFC vide the order dated 11th October, 2010 partly allowed the application. Various orders were passed against the respondent no.1. Respondent No.1 was also directed to pay the maintenance at the rate of Rs. 10,000/- per month. A further amount of Rs. 20,000/- was directed to be paid to the applicant as compensation towards medical expenses. The learned JMFC granted access of the minor child to the respondent-husband on every Saturday between 4.00 p.m. to 6.00 p.m. Being aggrieved thereby the respondent went in appeal. The said appeal is allowed vide order dated 8th March, 2011. The learned Appellate Court reversed all the reliefs granted to the applicant by the said order. Being aggrieved thereby present revision has been filed. 7. Since the dispute between the parties is a matrimonial dispute, the parties were suggested to refer the matter to mediation. The parties had agreed for mediation of Hon’ble Shri Justice Bapat. However, the proceedings before the learned Mediator were not successful. 8. Vide the order dated 10th June, 2011, I had also modified the order of access by directing that access should be granted to the respondent-father between 10.00a.m. to 4.00p.m. on every Sunday. The parties were also 3 revn.143.11.sxw requested to explore the possibilities of amicable settlement. With the persuasion of learned Counsels appearing for the parties, the parties have agreed to settle their dispute. Largely, the terms of settlement are as under; (i) the marriage between the parties would be dissolved by mutual consent. (ii) the custody of the child Mayank will be with the applicant- mother. The respondent-father will be having right of access on every Sunday between 10.00a.m. to 4.00p.m. (iii) that the parties withdraw all the allegations made by them against each other. (iv) the residential flat which is jointly owned by the applicant and respondent would go to the applicant-wife. The commercial block which is owned jointly by both of them would go to the respondent-husband. (v) that the respondent-husband would pay an amount of Rs. 5000/- per month to the applicant towards maintenance of minor son Mayank and that she would be entitled to apply for enhancement of maintenance for minor son Mayank after a period of two years, which application would be decided in accordance with law. The other minor disputes have also been worked out between the parties which form part of the consent terms. The said are taken on record and marked X for identification. The consent terms have been read out to the parties who are personally present in the Court. The parties have accepted the said terms and the same are duly signed by the parties. 9. The learned Counsel for the applicant makes a categorical statement that complaint filed in the police station by the father of the applicant has already been withdrawn by him. 10. The relationship between the parties is irretrievably broken and there is 4 revn.143.11.sxw no possibility of settlement. The parties have mutually decided to give an end to their relationship. As such I find this is a fit case wherein this Court should exercise its extraordinary powers under Section 482 of the Criminal Procedure Code and under Article 227 of Constitution of India. I, therefore, pass the following order:- O R D E R (i) The Revision Application is disposed of in terms of Consent Terms placed on record. (ii) The M.J. Petition No. 253/2010 filed by the respondent no. 1 herein is directed to be treated as the petition for divorce by mutual consent as per the provisions of Section 13(i) (b) of the Hindu Marriage Act. (iii) A decree for dissolution of marriage be passed in terms of consent terms which are placed on record, in the present application. (iv) The Registrar of the Family Court shall convert the M.J.Petition No. 253/2010 as a petition for divorce by mutual consent and draw the decree for dissolution of marriage as per the directions made herein above. 11. The statements which have been made in the consent terms regarding relinquishment of rights in the properties concerned, right of access, the amount of maintenance to be granted by the respondent to the minor son are treated as undertaking to this Court which is accepted by this Court. (B.R. GAVAI, J)