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SCR.A/1632/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1632 of 2011
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HASINABEN
W/O ZAKIRBHAI IBRAHIMBHAI UGHARDAR - Applicant(s)
Versus
IBRAHIM
ISMAIL UGHARDAR & 3 - Respondent(s)
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Appearance :
MR
SK BUKHARI for
Applicant(s) : 1,
MR. MRUGEN PUROHIT for Respondent(s) : 1,
MR.
DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 04/08/2011
ORAL
ORDER
1.0. Present
Special Criminal Application has been preferred by the petitioner for
the following relief:
17(B).
The Hon’ble Court may be pleased to issue a writ of certiorari or any
other appropriate writ, order or directions for quashing and setting
aside the order dated 10.6.2011 passed by the learned Mamlatdar and
Executive Magistrate, Bharuch by directing the respondent no.1 to
provide for two rooms and kitchen house as also an amount of
Rs.3,00,000/- (Rupees Three Lacs only) in cash to the petitioner
forthwith as stated by him before the Hon’ble Court in a proceeding
of Special Criminal Application No.600 of 2011;
17(C).
Pending admission, hearing and final disposal of this petition, the
Hon’ble Court may be pleased to direct the respondent no.1 to provide
for two rooms and kitchen house as also an amount of Rs.3,00,000/-
(Rupees Three Lacs only) in cash to the petitioner forthwith as
stated by him before the Hon’ble Court in a proceeding of Special
Criminal Application No.600 of 2011;
2.0. Today,
when the present petition is taken up for hearing, Shri Sunil Mehta,
learned advocate for the petitioner and Shri Mrugen Purohit, learned
advocate for respondent no.1 have jointly stated at the bar that
parties have settled the dispute amicably and consent terms have been
arrived at and entered into between the parties signed by the
petitioner and respondent no.1, by which respondent no.1 has agreed
to provide two Room & Kitchen house situated at Usmanabad
Society, B/h. Gujarati School, Rahadpor, Bharuch on ownership basis
to the petitioner and her son namely Ejaj Zakirbhai (Grand son and
respondent no.1) and same shall be transferred on ownership basis in
their favour on or before 30th
September 2011 and vacant and peaceful possession shall be handed
over to petitioner on or before 30th
September 2011. It is further submitted that respondent no.1 has also
agreed to pay a sum of Rs.3 lacs to petitioner towards their welfare
which has been paid to her by demand draft. The consent terms dated
4.8.2011 signed by the petitioner as well as respondent no.1 who are
personally present in the Court, is directed to be taken on record.
3.0. In
view of the above consent terms, present Special Criminal Application
is disposed of by directing both the parties, more particularly,
respondent no.1 to act as stated above and as stated in the consent
terms. Shri Mehta, learned advocate for the petitioner has
assured the Court that amount of Rs.3 lacs (Rupees Three Lacs Only)
which is paid to the petitioner, shall be utilized by the petitioner
for their maintenance and the welfare of her and her son Ejaj and the
same shall be invested in the Fixed Deposit so that she can get
periodical interest on the same. With, this present Special Criminal
Application is disposed of.
(M.R.SHAH,
J.)
kaushik
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