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Rajasthan High Court · body

2001 DIGILAW 1664 (RAJ)

Mohit Tewari v. State of Rajasthan (59)

2001-10-11

J.C.VERMA

body2001
JUDGMENT 1. - The petitioner Mohit Tewari is said to have married with Kalpana Arya daughter of Ashok Kumar Arya at Jaipur on 5.7.2000. The said marriage was not the marriage with the consent of parents or the girl Miss Kalpana Arya, rather the so called marriage was performed in presence of only one person i.e. Pandit. 2. Immediately after the so-called marriage a report was lodged by kalpana Arya with the police at police station Bhatta Basti, Jaipur as FIR No. 158/2000 for the offences under Section 11 and 384 Indian Penal Code. It was stated in the report that Mohit Tewari had coerced and induced her with threats and forced her to go to Mandir and got the marriage performed. She had alleged in the FIR that certain 'photographs were taken with the threat and intention of black mailing and defaming the parties. She had also filed the suit for declaring the marriage to be nullity being suit No. 2/2001 in the court of Additional District Judge, Deedwana. 3. The petitioner Mohit Tewari being threatened of his arrest in pursuance of the FIR No. 158/2000, PS Bhatta Basti, Jaipur moved this court by filing the application for anticipatory bail under section 11 Criminal Procedure Code in Cr. Misc. petition No. 4860/2000. 4. The notice was issued to complainant. The complainant has appeared along with her parents and the counsel. 5. During the course of arguments of the bail application, the parties expressed the desire that they want to enter into compromise and the case was listed in Chamber. The parties had filed the compromise duly signed by petitioner and complainant, their parents and also their Advocates, which is marked as Annexure-C/1. 6. The parties have stated and prayed that the case for nullity of marriage being case No.2/2001 which is pending in the court of Additional District Judge, Deedwana be transferred to this court and the marriage be declared null and void. Mohit Tewari had also filed a suit in Family Court, he undertook that he will withdraw the suit. Apart from above the criminal proceedings were initiated by both the parties against each other in different courts. The parties stated that all the cases shall be withdrawn. 7. Mohit Tewari had also filed a suit in Family Court, he undertook that he will withdraw the suit. Apart from above the criminal proceedings were initiated by both the parties against each other in different courts. The parties stated that all the cases shall be withdrawn. 7. In the interest of justice this court with the view that instead of prolonging the agony of the parties when they desired for compromise, once for all had, ordered on 13.9.2001 that the case pending before the court of Additional District Judge, Deedwana case No.2/2001 be requisitioned and transferred to this court to be heard along with this bail application. 8. The statements of the petitioner Mohit Tewari and Kalpana Arya have been recorded. The petitioner Mohit Tewari has given statement on oath and admitted the charges levelled against him by Kalpana Arya and stated that the marriage itself be declared nullity. The statement of the petitioner Mohit Tewari has been marked as Annexure-C/2. The statement of Kalpana Arya also has been recorded. She has stated that the marriage was as result of coercion, threat and undue influence and she had never lived with the petitioner. She has prayed that the suit No.2/2001 filed by her in the court of Additional District Judge. Deedwana be decreed by this court. The statement of Kalpana Arya has been marked as Annexure-C/3. 9. The statements of the petitioner Mohit Tewari and Kalpana Arya have also been signed and witnessed, by their parents and their Advocates. 10. Both Mohit Tewari and Kalpana Arya are of young age and they look immature. Mohit Tewari has accepted the allegations levelled against him by Kalpana Arya. Kalpana Arya in her petition, compromise and affidavit has stated that the marriage was not of her free will and she was forced. The parties have understood the consequences and futality of litigating any further in regard to divorce petition and criminal cases filed by them against each other and, therefore, after the good sense having been prevailed upon the parties, have agreed to compromise the matter. 11. In view of above said facts and the circumstances of the case, I am also of the opinion that the suit filed for declaring the marriage to be nullity needs to be decreed. The suit No. 2/2001 is already transferred to this court. The suit is decreed. 11. In view of above said facts and the circumstances of the case, I am also of the opinion that the suit filed for declaring the marriage to be nullity needs to be decreed. The suit No. 2/2001 is already transferred to this court. The suit is decreed. The so called marriage held on 5.7.2000 between Mohit Tewari and Kalpana Arya is declared to be nullity and null and void. 12. Registry shall prepare the decree sheet of suit of declaring the marriage of Mohit Tewari and Kalpana Arya to be null and void and not binding on parties. 13. The parties have undertaken that they shall withdraw all other cases whether civil or criminal ending in any court immediately. But in my opinion, as per the compromise C1 an order is required to be passed by this court that all cases civil or criminal in between the parties Mohit Tewari and Kalpana Arya, pending in any court shall stand withdrawn and dropped. However, the parties are advised to move proper formal application in the concerned courts where such proceedings are pending along with the copy of this order. 14. For the reason that all criminal proceedings stand dropped, the present application for anticipatory bail has become infructuous as the proceeding of FIR No. 158/2000 itself stands dropped.15. With the above direction, the suit No. 2/2001 is decreed. The application for anticipatory bail is dismissed having become infructuous as the F.I.R. itself stands dropped.Bail Application Dismissed Having Become Infructuous. *******