ORDER :

Instant criminal revision petition filed under Sections 397/401 of Cr.PC, lays challenge to order dated 24.10.2018, passed by the learned 2018/17, affirming the order dated 30.6.2016, passed by the learned JMFC Shimla in case No.57A-4 of 2018, titled Anita v. Praveen and Ors, whereby an application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) (in short “the Act”) came to be allowed.

2. Precisely, the facts of the case, as emerge from the record, are that marriage inter-se petitioner No.1 and respondent was solemnized on 20/21.6.2010 as per Sikh/Hindu Rites and Customs and out of their wedlock, two daughters are born i.e. petitioners No. 2 and 3. Since certain differences cropped up inter-se petitioner No.1 and the respondent, they were unable to live together for quite long and since 30.9.2015, they have been living separately. Petitioners No. 2 and 3 i.e. daughters of the petitioner No.1 and the respondent are presently residing with the respondent pursuant to order passed by the learned Principal Judge, Family Court, since 13.7.2019. Petitioner No.1 filed an application under Sections 12 and 23 of the Act, praying therein to grant interim maintenance as well as residential accommodation in the competent court of law. Learned JMIC-6 Shimla, vide order dated 30.6.2016, allowed the application and directed the respondent-husband to pay sum of Rs. 6,000/- per month to petitioner-wife and Rs. 2,000/- each to petitioners No. 2 and 3-daughters as interim maintenance.

3. Being aggrieved and dissatisfied with aforesaid order passed by the learned court below, petitioners herein filed appeal in the court of learned Additional Sessions Judge, Shimla-1, which came to be dismissed. In the aforesaid background, petitioners have approached this Court in the instant proceedings, praying therein for enhancement of interim maintenance awarded by the courts below.

4. Having taken note of the nature of controversy involved inter-se parties, this Court before deciding the case at hand on its merits, deemed it necessary to make an attempt for amicable settlement inter-se parties and as such, summoned both the parties to the court. Pursuant to order dated 11.8.2021, parties came present before this Court on 9.9.2021 and on that day, certain offers were exchanged inter-se parties and ultimately, on 28.9.2021, learned counsel for the parties, on instructions of their respective clients, informed this court that parties have resolved to settle their dispute amicably, inter-se them, whereby both petitioner No.1 and the respondent have filed petition under Section 13 B of the Hindu Marriage Act, for dissolution of their marriage by way of mutual consent i.e. CMPMO No. 232 of 2021.

5. As per agreement, respondent-husband agreed to pay sum of Rs. 30.00 lac to the petitioner-wife in three equal installments and he also agreed to give visitation rights to the petitioner to meet her minor daughters as per schedule given in the compromise arrived inter-se parties. Today, during the proceedings of the case, a joint petition under Section 13 B of the Hindu Marriage Act, has been filed by the learned counsel for the parties. As per settlement, sum of Rs. 30 lac agreed to be paid by the respondent husband towards permanent alimony to the petitioner shall be paid in three equal installments by way of three cheques No. 462729 dated 5.10.2021, 462730 dated 15.11.2021 and 462732 dated 31.12.2021, amounting to Rs. 10.00 lach each, payable at SBI IGMC, Shimla. All the three cheques as detailed herein above have been handed over to petitioner No.1-wife in the open court.

6. As per agreement, personal belongings as well as Istri Dhan have been settled amicably and as of today, nothing remains to be given by the respondent husband to the petitioner wife. They have also agreed that after passing of decree of divorce by way of mutual consent, petitioner-wife shall not be entitled for any inheritance/succession, nominatio