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2018 DIGILAW 1771 (RAJ)

Vikram Ahuja v. State of Rajasthan

2018-08-23

VIJAY BISHNOI

body2018
JUDGMENT VIJAY BISHNOI, J. 1. This criminal misc. petition under section 482 Cr.P.C is filed being aggrieved with the order dated 24.08.2017 passed by Additional Sessions Judge No.1, Sriganganagar (for short 'the revisional court' hereinafter), whereby it has dismissed the Revision Petition No.53/2017 filed by the petitioner. 2. The said revision petition was filed by the petitioner against the order dated 28.01.2017 passed by Chief Judicial Magistrate, Sriganganagar (for short 'the trial court' hereinafter), whereby it has ordered for framing of charge against the petitioner for the offences punishable under sections 498A and 406 IPC. 3. Brief facts of the case are that respondent No.2 filed a complaint in the Court of Chief Judicial Magistrate, Sriganganagar against the petitioner and three other persons for the offences punishable under sections 498A, 406 and 323 IPC, whereby the said complaint was forwarded to the Police Station, Mahila, Sriganganagar and on the basis of said complaint, FIR No.131/2013 was registered against the petitioner and three other persons named in the complaint for the offences punishable under sections 406, 498A and 323 IPC. 4. In the complaint, the respondent No.2 has alleged that her marriage with the petitioner was solemnized on 29.11.2008 at Sriganganagar, where her parents gave ornaments and other articles to her in-laws as per their demand. It is further alleged that after her marriage with the petitioner both of them started living at Panch Kula, Haryana, where she was harassed and insulted on account of demand of dowry by petitioner and other persons named in the FIR. Allegations regarding illtreatment given to respondent No.2 during her illness as well as of forcing her to get her pregnancy terminated have also been levelled. 5. Police after thorough investigation have filed charge-sheet against the petitioner alone for the offence punishable under sections 498A and 406 IPC. The police have also concluded that there is no involvement of other persons viz. mother, elder brother and wife of the elder brother of the petitioner in commission of any crime. 6. The trial court took cognizance against the petitioner for the offences punishable under sections 498A and 406 IPC vide order dated 16.01.2017 and simultaneously also rejected the application preferred on behalf of the respondent No.2 under section 190 Cr.P.C. with a prayer for taking cognizance against the petitioner's mother, brother and brother's wife. 6. The trial court took cognizance against the petitioner for the offences punishable under sections 498A and 406 IPC vide order dated 16.01.2017 and simultaneously also rejected the application preferred on behalf of the respondent No.2 under section 190 Cr.P.C. with a prayer for taking cognizance against the petitioner's mother, brother and brother's wife. Thereafter, the trial court has framed charges against the petitioner for the offences punishable under sections 498A and 406 IPC vide order dated 28.01.2017 against which the petitioner preferred a revision petition before the revisional court, however, the same has been dismissed. 7. Being aggrieved with the aforesaid, the petitioner has preferred this criminal misc. petition seeking following reliefs: "It is therefore most respectfully prayed that this petition may kindly be allowed and the impugned orders dated 28.01.2017 passed by the Chief judicial Magistrate, Sriganganagar and dated 24.08.2017 passed by learned Addl. Session Judge no.1, Sriganganagar May kindly ordered to be quashed and set aside. The criminal proceedings so initiated against the petitioner may kindly be quashed. Any other relief which this Hon'ble Court deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner." 8. Before taking into consideration the challenge of the petitioner to the impugned orders, I would like to note some facts in brief, which will demonstrate as to how a litigant can attempt to abuse the process of court with audacity. It is in respect of respondent No.2 in particular. 9. This criminal misc. petition was filed on 07.09.2017 and the Registry fixed the date for listing it in Court on 15.09.2017. On 15.09.2017, respondent No.2 was present in person, she asked for a copy of this petition and this Court ordered for giving a copy of the petition to her and the matter was ordered to be listed on 13.10.2017. On 13.102.2017, the petition was dismissed in default for want of appearance on behalf of the petitioner. On 13.11.2017, this misc. petition was restored on an application preferred on behalf of the petitioner in the presence of respondent No.2 and it was listed on 19.12.2017, however, the same was adjourned for 20.12.2017. On 20.12.2017, counsel for the petitioner prayed that the Court may intervene in the matter for resolving all disputes between the parties. On 13.11.2017, this misc. petition was restored on an application preferred on behalf of the petitioner in the presence of respondent No.2 and it was listed on 19.12.2017, however, the same was adjourned for 20.12.2017. On 20.12.2017, counsel for the petitioner prayed that the Court may intervene in the matter for resolving all disputes between the parties. Respondent No.2, who was present in person, did not object to the said submission and, therefore, the Court directed the petitioner to remain present in the Court on the next date so as to explore the possibility of amicable settlement and fixed the matter to be listed on 04.01.2018. On 04.01.2018, in the presence of the parties, the following order was passed: ^^04@01@2018 i{kdkjku bl U;k;ky; }kjk ikfjr vkns'k fnukad 20-12-2017 ds vuqlj.k esa vkt U;k;ky; esa mifLFkr gSA v;kph ds u pkgus ds ckotwn ;kph us mls ,oa mlds iq= dks ,deq'r fuoZgu HkRrk nsus dk izLrko j[kkA ijUrq] v;kph fdlh Hkh lwjr esa jkthukek djus dk rS;kj ugha gS ,o bl ckr ij n`< gS fd tc rd fookg foPNsn dh fMØh ikfjr ugha gksrh og fdlh izdkj dh e/;LFkrk Lohdkj ugha djsxhA mijksDr rF;ksa dks ns[krs gq,] bl U;k;ky; dh jk; esa i{kdkjku ds e/; jkthukek gksus dh lEHkkouk ugha gSA vr% ;g fofo/k ;kfpdk xzg.kkFkZ lquokbZ gsrq rkjh[k 18-01-2018 dks lwphc) gksA ;kph ds vf/koDrk leLr nLrkostkr jsdMZ ij izLrqr djsA^^ 10. From the above order, it is clear that the respondent No.2 was not ready for compromise till the decree of divorce is passed on a divorce petition filed by her. The matter was then fixed on 18.01.2018. However, a day prior to listing of the matter i.e. on 17.01.2018, respondent No.2 moved an application before this Court, which is quoted verbatim hereunder: Date of Hearing 18.01.2018 To, THE HON’BLE CHIEF JUSTICE AND HIS COMPANION HON’BLE JUDGES OF THE RAJASTHAN HIGH COURT AT JODHPUR. MAY IT PLEASE YOUR LORDSHIPS : Humble Applicant/Respondent No.2 begs to submit that on 20.12.2017 the learned counsel for the petitioner had prayed that the court may intervene in the matter for resolving all the disputes between the parties but on the next fate of hearing i.e. 04.01.18 the dispute couldn't be resolved. The applicant/Respondent No.2 has already filed divorce petition u/s 13(1) HMA and the petitioner has also filed counter claim of divorce at family court sriganganagar. The applicant/Respondent No.2 has already filed divorce petition u/s 13(1) HMA and the petitioner has also filed counter claim of divorce at family court sriganganagar. On conversion of the case U/s 13(A) HMA to case U/s 13(B) HMA with mututal consent the Applicant/Respondent No.2 has apprehension keeping in mind the past cruel conduct of the petitioner, that the petitioner may withdraw his consent for divorce. In such circumstances the Applicant/Respondent No.2 will be no where and will have irrepairable loss. According to Applicant/Respondent No.2 only obtaining the decree of divorce will not resolve all the disputes between the parties. The conditions of Applicant/Respondent No.2 for compromise are as under:- 1. That the minor son of the Applicant/Respondent No.2 has threat to life from the petitioner and his family. In case the petitioner Vikram Ahuja withdraws the case No. 37/2017 at Family Court, Sri Ganganagar U/s 25 Guardian and Wards Act read with section 6 Hindu Minority and Guardianship Act and submits the court order to this Hon'ble Court and also accepts that he will have no right to the custody, guardianship, visitation rights and any other right with respect to the minor child Shivansh and the sole custody and guardianship of the minor child Shivansh shall vest in the applicant Sonal and the petitioner will not do any other claims over the minor child under any circumstances. 2. That in case the petitioner Vikram Ahuja and his brother Vishal withdraw all false criminal and civil cases and agree not to file protest petition in case F.R. is produced in F.I.R filed by the brother of the petitioner against the applicant and her family members and submits the court orders to this Hon'ble court and also ensures the Hon'ble court that no other cases/F.I.R have been filed by the petitioner and his family members and also agrees that he and his family will not file any litigation, any complaint or any other application before any authority/court/forum in this regard in future on the Applicant/Respondent No.2 and her family members. 3. That in case after the completion of conditions in above mentioned paragraph no.1 and 2, the petitioner and Applicant/Respondent no.2 gets decree of divorce with mutual consent after getting the cooling period of 6 months waived off and submits the decree of divorce to this Hon'ble Court. 3. That in case after the completion of conditions in above mentioned paragraph no.1 and 2, the petitioner and Applicant/Respondent no.2 gets decree of divorce with mutual consent after getting the cooling period of 6 months waived off and submits the decree of divorce to this Hon'ble Court. In case all the above 3 conditions are fulfiled then the Applicant/Respondent No.2 will not demand maintenance for herself and her son. Date 16.01.2018 Applicant/Respondent No.2" 11. On 18.01.2018, a copy of the above referred application was provided to the counsel for the petitioner, he prayed for some time to take instructions and the matter was fixed to be listed on 15.02.2018. On 15.02.2018, the respondent No.2 again moved a revised application, which is reproduced as under: Date of Hearing 15.02.2018 REVISED APPLICATION To, THE HON'BLE CHIEF JUSTICE AND HIS COMPANION HON’BLE JUDGES OF THE RAJASTHAN HIGH COURT AT JODHPUR. MAY IT PLEASE YOUR LORDSHIPS : Humble applicant/Respondent No.2 begs to submit that the applicant had submitted an application in the Hon'ble High Court dt. 16.01.2018. The revised application in the same context on conditions of compromise is as under :- 1. Custody/Guardianship/Visitation-Rights : (i) That the minor son Shivansh of the Applicant/Respondent No.2 has threat to life from the petitioner and his family. The minor son Shivansh has been in the custody and guardianship of the Applicant/Respondent No.2 since his birth in 2010 while the Present Petitioner has abused and neglected the minor son. (ii) That the Hon'ble High Court is requested to grant the permanent sole custody & guardianship to the Applicant/Respondent No.2 Sonal (iii) That the present petitioner leaves the visitation rights and any other right with respect to the minor child Shivansh and will not do any claims over the minor child Shivansh under any circumstances. 2. Cases: i. FIR filed through relative of present petitioner at Sriganganagar That the present petitioner made his relative (elder brother) file FIR no.393/17, Sadar Thana, Sriganganagar on applicant/Respondent no.2 and her parents. Vishal Ahuja vs. Sonal Jasuja and other U/s 384, 417, 420, 467, 471, 120-B in November, 2017. The FIR was filed with an ill intention to get the Applicant/Respondent no.2 and her senior citizen parents arrested and imprisoned leaving the minor son behind but the police upon investigation found the allegations to be false and submitted FR in the ACJM-1 Court, Sriganganagar. ii. The FIR was filed with an ill intention to get the Applicant/Respondent no.2 and her senior citizen parents arrested and imprisoned leaving the minor son behind but the police upon investigation found the allegations to be false and submitted FR in the ACJM-1 Court, Sriganganagar. ii. Complaint filed through relative of present petitioner at Punjab That the present petitioner has made his relative (elder brother) file complaint at Malout (Punjab) Complaint No. 82/17 Vishal Kumar vs. Sonal Ahuja U/s 177, 181, 182, 465, 467, 468, 471, 499, 500 IPC at the Court of Ld. Sub-divisional Judicial Magistrate, Malout in which next date of hearing is 21.02.2018. iii. Complaint by present petitioner at CJM Court, Sriganganagar That the present petitioner has filed a false complaint (complaint No.218/17) in CJM Court, Sriganganagar Vikram Ahuja vs. Sonal U/s 189, 506 IPC. It cannot be denied that the present petitioner may harass the Applicant/Respondent No.2 and her family even after the compromise by continuing with the criminal cases and FIR's that are not in the knowledge of Applicant/Respondent no.2 and also by filing new one's through his friends and relative so the Hon'ble High Court is requested to bound the present petitioner to withdraw/compromise and make his relatives and friends also withdraw/compromise in all the cases/complaints/FIR's against the Applicant/Respondent No.2 and her family members and submits the court orders to the Hon'ble High Court. The Hon'ble High Court is also requested to bound the present petitioner so as to not to make his elder brother proceed in filling protest petition in FR at ACJM-1 Court, Sriganganagar and also bound the present petitioner that he will neither himself file nor file through his relatives and friends new litigation, cases, FIR's before any authority/court/forum in this regard in future on applicant/Respondent No.2 and her family members. 3. Divorce: i. That according to the order sheet of the Hon'ble High Court dated 04.01.2018 (attachment-1) there was no possibility of compromise but the present petitioner gave a false statement in the Family Court, Sriganganagar stating that the Applicant/Respondent No.2 had given assurance of doing compromise and filing application U/s 13-B HMA in the lower Court which is clear from order sheet dt. 08.01.2018 (attachment-2) thus, the present petitioner is not even being true to the Hon'ble Courts, so he is not trustable to cooperate in the grant of decree of divorce. ii. 08.01.2018 (attachment-2) thus, the present petitioner is not even being true to the Hon'ble Courts, so he is not trustable to cooperate in the grant of decree of divorce. ii. That the Applicant/Respondent no.2 had filed divorce petition U/s 13(1) HMA at Family Court, Sriganganagar in 2015. The present petitioner had filed counter claim of divorce. Later the Applicant/Respondent no.2 had filed an application on 02.12.2016 requesting the Family Court, Sriganganagar to grant divorce as both the parties had asked for divorce. The Family Court, Sriganganagar dismissed the said application vide order dt. 10.01.2017. The present petitioner filed another application on 08.01.2018 stating ^^mijksDr izdj.k esa i{kdkjku dks fookg foPNsn dh fMdzh ikfjr dh tkos^^ i.e., in case of contested divorce CM 610/2015 but according to the order sheet dated 08.01.2018 (attachment-3) of the Family Court, Sriganganagar, the present petitioner mentioned that he is ready for mutual consent divorce for which he has given the above mentioned application U/s 151 C.P.C thus, the present petitioner is not trustable. Therefore, the Hon'ble High Court is requested to waive off cooling period and grant the decree of divorce. In case all the above conditions are fulfilled then the Applicant/Respondent No.2 will not demand maintenance for herself and her minor son. In case the conditions are not fulfilled then there will not be possibility of compromise between the parties. Considering the request of the present petitioner for resolving all the disputes between the parties and the conditions mentioned above, the Hon'ble High Court is requested to grant divorce to the parties, sole custody and guardianship of the minor child Shivansh to the Applicant/Respondent No.2 Sonal, no visitation rights and any other right with respect to minor child Shivansh to the present petitioner and bound the present petitioner from doing any claims over the minor child Shivansh under any circumstances, bound the present petitioner to himself withdraw/compromise and also get cases, FIR's withdrawn/compromised by his relatives/friends and also bound not to file and not to make his relatives and friends file new cases and FIR's on Applicant/Respondent no.2 and her family members. The Applicant/Respondent no.2 will be greatly obliged. Attachments 1. Web copy of order dt. 04.01.2018 of the Hon'ble High Court 2. Certified copy of Order Sheet of Family Court, Sriganganagar dt. 08.01.2018. 3. Certified copy of application of present petitioner dt. 08.01.2018. Date: 14.02.2018 Humble Applicant/Respondent no.2 Sd/- Sonal" 12. The Applicant/Respondent no.2 will be greatly obliged. Attachments 1. Web copy of order dt. 04.01.2018 of the Hon'ble High Court 2. Certified copy of Order Sheet of Family Court, Sriganganagar dt. 08.01.2018. 3. Certified copy of application of present petitioner dt. 08.01.2018. Date: 14.02.2018 Humble Applicant/Respondent no.2 Sd/- Sonal" 12. On 15.02.2018, counsel for the petitioner prayed for some time and the matter was fixed for 15.03.2018, however, on 14.03.2018, the respondent No.2 moved an application requesting to direct the petitioner to submit the condition of compromise in writing. The application dated 14.03.2018 is reproduced hereunder: Date of Hearing 15.03.2018 REVISED APPLICATION Application for request for taking conditions of compromise in writing To, The Hon’ble Chief Justice and his other companion Judges of Rajasthan High Court at Jodhpur. MAY IT PLEASE YOUR LORDSHIPS : Humble Applicant/Respondent No.2 begs to submit that:- 1. That on 15th Feb. 2018 the present petitioner had proposed to file reply to the interlocutory application submitted by the respondent no.2. 2. That the humble applicant/respondents no.2 had given consolidated conditions of compromise in writing to the Hon’ble High Court on 15.02.2018 for which the present petitioner had prayed for time. It is a humble request to the Hon’ble High court to take the conditions of compromise of the present petitioner in writing only as the respondent no.2 does not have faith on the present petitioner. The respondent no.2 shall be greatly obliged. Date: 14.03.2018 Humble Applicant/Respondent No.2 Sd/- (SONAL)" 13. On 15.03.2018, the matter was ordered to be listed on 09.04.2018. On 09.04.2018, after hearing counsel for the petitioner and respondent No.2, this Court stayed the proceedings pending against the petitioner in Criminal Case No.12/2017 before the Chief Judicial Magistrate, Sriganganagar and fixed the matter to be listed on 09.05.2018. 14. However, on 09.04.2018 itself, the respondent No.2 filed another application, which is reproduced hereunder: Date of Hearing 09.04.2018 Application for request for taking conditions of compromise & Date wise action plan from the Present Petitioner To, The Hon’ble Chief Justice and his other companion Judges of Rajasthan High Court at Jodhpur. MAY IT PLEASE YOUR LORDSHIPS ; Humble Applicant/Respondent no.2 begs to submit that:- 1. That a request for resolving all the disputes between the parties was made on behalf of the Present Petitioner on 20.12.2017. 2. MAY IT PLEASE YOUR LORDSHIPS ; Humble Applicant/Respondent no.2 begs to submit that:- 1. That a request for resolving all the disputes between the parties was made on behalf of the Present Petitioner on 20.12.2017. 2. That the Present Petitioner has not filed his conditions of compromise and a detailed action plan as to how the dispute can be resolved in the Hon'ble High Court up-till now. 3. That the Respondent No.2 has the following cases in her knowledge that have been filed by the Present Petitioner & the false cases that Present Petitioner has made his brother Vishal Ahuja file on Respondent no.2 & even her parents - Filing U/s Title Court 1. complaint no.82/17 177, 181, 182, 465, 467, 468, 471, 499, 500 IPC Visha Ahuja Vs. Sonal Ahuja Court of Ld. Sub divisional Judicial Magistrate Malout (Punjab) 2. FIR No. 393/17 Sadar Thana Sriganganagar, Case No. 27/18, FR no. 81/18 384, 417, 420, 467, 468, 471, 120 B IPC Vishal Ahuja Vs. Sonal Jasuja & Others ACJM-1 Court Sriganganagar 3. Complaint No.218/17 189, 506 IPC Vikram Ahuja Vs. Sonal CJm Court Sriganganagar 4. CM 37/17 25 Guardian & Wards act read with section 6 Hindu Minority & Guardianship Act Vikram Ahuja Vs. Sonal Family Court Sriganganagar 5. CM 610/15 Counter Claim of divorce U/s 13(1) HMA Sonal vs. Vikram Ahuja Family Court Sriganganagar 4. That it is requested that the Present Petitioner be directed to first of all inform the Hon'ble Court about his date-wise action plan about surrendering sole custody, guardianship and visitation rights of minor child Shivansh, any other rights and claims with respect to minor child Shivansh under all circumstances. 5. That the complaint no. 82/17 at Ld. sub divisional Judicial Magistrate, Malout (Punjab) is out of jurisdiction of this Hon'ble Court so an action plan of the Present Petitioner for getting the complaint withdrawn from his brother Vishal Ahuja and filing the certified copy of the court order to this Hon'ble Court is to be mentioned by the Present Petitioner further affidavit from the brother of the Present Petitioner Vishal Ahuja is required regarding mentioning his action plan of compromising/withdrawing/getting quashed all cases/complaints/FIRs against the Respondent no.2 & her family members & a commitment about not filing any cases/complaints/FIRs on Respondent No.2 and her family members in future. 6. 6. That it is humble request that the Present Petitioner be directed to give an affidavit to this Hon'ble Court about the complete list of cases, complaints & FiRs filed by the Present Petitioner, his relatives & friends on the Respondent No.2 & her family Members and detailed date wise action plan to withdraw/compromise/get/FIRs quashed. The Present Petitioner also needs to disclose his steps about his commitment for not filing & not making his relative & friends file any new cases/complaints/FIRs against the Respondent No.2 & her family members. 7. That after the action plan of Custody, Guardianship, Visitation Rights etc. issues and after the action plan for withdrawal of cases, FIRs and complaints against the Respondent No.2 & her family members, finally action plan to cooperate for divorce without cooling period is to be disclosed & the date of submitting the decree of Divorce to this Hon'ble Court is to be mentioned. It is humble request in the interest of justice to the Hon'ble High Court to keep the criminal misc. petition pending and take the date-wise action plan for compromising form the Present Petitioner in writing in the absence of which any compromise is not possible. It is also requested that the next date of hearing be given after a month as the Respondent No.2 needs to come along with her father/mother from Sriganganagar, the remote corner of Rajasthan. Respondent No.2 shall be greatly obliged. Attachment : 1. Certified Copy of Final Report in false FIR lodged by the brother of the Present Petitioner. Date: 9.04.2018 HUMBLE APPLICANT/RESPONDENT NO.2 Sd/- (SONAL)" 15. Pursuant to the order dated 09.04.2018, the matter was listed on 09.05.2018 and on that date, respondent No.2 filed her written arguments in detail. However, the case was adjourned for 09.07.2018. 16. In the meantime, the Family Court, Sriganganagar granted decree of divorce to the respondent No.2 vide judgment dated 21.04.2018. Thereafter on 12.06.2018, the petitioner filed reply to the application and revised application filed by respondent No.2. The same is quoted as under: Reply to the application/consent for conditions mentioned in application of respondent no.2 (complainant) & revised application TO, THE HON’BLE CHIEF JUSTICE AND HIS OTHER COMPANION JUDGES OF THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR MAY IT PLEASE YOUR LORDSHIPS; On behalf of humble petitioner it is most respectfully submitted as under:- 1. The same is quoted as under: Reply to the application/consent for conditions mentioned in application of respondent no.2 (complainant) & revised application TO, THE HON’BLE CHIEF JUSTICE AND HIS OTHER COMPANION JUDGES OF THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR MAY IT PLEASE YOUR LORDSHIPS; On behalf of humble petitioner it is most respectfully submitted as under:- 1. That the petitioner is ready to fulfill the first condition, and ready to withdraw the case no.37/2017 at Family Court Sriganganagar u/s 25 Guardian & Wards Act r/w s. 6 Hindu minority and Guardianship Act and ready to submit the court's order and also accepts that the petitioner will have no right to the custody, Guardianships, Visitation right and any other right with respect to his minor child Shivansh & sole custody and guardianship of minor Shivansh shall vest in the respondent no.2 Sonal & petitioner will not do any other claim over the minor child under any circumstances & petitioner also want to assure that there was no former threat to life to respondent no.2 & minor Son from petitioner and his family. 2. That the petitioner is ready to fulfill the second condition mentioned in the application ready that the petitioner Vikram Ahuja and his brother Vishal Ahuja will withdraw all criminal & civil cases and agree that they will not file protest petition in case F.R.is produced in F.I.R filed by the brother of the petitioner against the applicant respondent no.2 and her family members and submit the court's order to this Hon'ble court and also ensures that no other cases/FIR have been filed by the petitioner and his family members and also agree that the petitioner and his family will not file any litigation, any complaint or any other application before any authority/court/forum in this regard in future on the Applicant/Respondent no.2 and her family members.& the petitioner further want to assure that no false case was previously filed and in future will not be filed. 3. 3. That the petitioner is already consented to complete the conditions mention in the paragraph no.1 & 2 of the application of the respondent no.2 and he was ready to get divorce with mutual consent and he was ready to submit the decree of divorce to this Hon'ble court, but in the change in circumstances it is noteworthy to mention here that learned Family court Sriganganagar has already passed the decree of Divorce while allowing the application of the respondent Sonal & the petitioner undertakes that he will not challenge it further if the all disputes & cases settled mutually. REPLY TO THE REVISED APPLICATION Humble petitioner respectfully submits paragraph wise reply to the revised application as under: 1.(i) That since the all matters are going to be amicably settled between the petitioner and respondent no.2, the petitioner & his family himself do not want to create any controversy regarding truthfulness of any former fact & do not want to comment anything which can unpleasant to the respondent no.2. (ii) That since the all matters are going to be amicably settled between the petitioner and respondent no.2, the petitioner is ready to fulfill first condition and agrees in case Hon'ble court grants permanent sole custody & guardianship of his minor son Shivansh to the applicant/Respondent no.2 sonal. (iii) That since the all matters are going to be amicably settled between the petitioner and respondent no.2, the present petitioner ready to leave the visitation rights and any other right with respect to the minor child Shivansh and will not do any claim over the minor child Shivansh under any circumstances. 2. That since the all matters are going to be amicably settled between the petitioner and respondent no.2, all the cases mentioned in sub-para (i),(ii),(iii) will be withdrawn/compromised & ensure that the elder brother of the petitioner will not proceed in filling protest. 3. That since the all matters are going to be amicably settled between the petitioner and respondent no.2 without going in to the dispute regarding truthfulness of the former facts, it is noteworthy to mention here that learned Family court Sriganganagar has already passed the decree of Divorce while allowing the application of the respondent Sonal & the petitioner undertakes that he will not challenge it further if the all disputes & cases settled mutually. Since sub-para is repetition of the conditions mentioned in application as well as revised application filed by the respondent no.2, without averting anything new petitioner & his family including his brother, is ready to settle amicably all the matters and ready and willing to fulfill all the condition mentioned in application and revised application. Sd- Humble petitioner" 17. Thereafter on 03.07.2018, the respondent No.2 filed written arguments, wherein it is asserted that she is ready to compromise the matter on certain conditions. The written arguments filed by respondent No.2 are reproduced hereunder: Date of Hearing 09.07.2018 WRITTEN ARGUMENTS OF RESPONDENT NO.2 ON REPLY TO APLLICATION OF PRESENT PETITIONER DT.12.06.2018 To, THE HON’BLE CHIEF JUSTICE AND HIS COMPANION HON’BLE JUDGES OF THE RAJASTHAN HIGH COURT AT JODHPUR. MAY IT PLEASE YOUR LORDSHIPS : Humble Respondent No.2 begs to submit as under :- 1. That the Present Petitioner has filed reply to the application of respondent No.2 on conditions of compromise and her revised application but he has not filed any reply to the application of respondent No.2 (APPLR No.316/2018) for mentioning date wise action plan for compromise which depicts that the Present Petitioner does not have intention of practically fulfilling the conditions of compromise. 2. That the promises made by the Present Petitioner in his reply dated 12.06.2018 are merely promises looking at the past conduct of the Present Petitioner. The promises are not acceptable and the respondent No.2 is not ready for any compromise on the basis of mere promises. 3. That for arriving at a compromise the Present Petitioner needs to withdraw the custody case No.37/2017 at family court, Sriganganagar and submit the certified copy of court order to this Hon'ble Court and also needs to file an affidavit to this Hon'ble Court stating that the present petitioner and his family members will have no right to the custody, guardianship and visitation rights & any other right with respect to the minor child Shivansh and the permanent sole custody and guardianship of the minor child Shivansh shall vest in the Respondent No.2 Sonal. The petitioner & his family will not do any other claims/demand over the minor child under any circumstances in future also. 4. The petitioner & his family will not do any other claims/demand over the minor child under any circumstances in future also. 4. That the Present Petitioner himself and his brother Vishal Ahuja need to withdraw all the criminal and civil cases, complaints FIR filed against the Respondent No. 2nd her family members and submit the certified copies of such Court orders to this Hon'ble Court. They need to withdraw the following Cases, Complaints-Filings Filings Title Court Next Date of Hearing Complaint No.218/2017 Vikram Ahuja vs. Sonal CJM Court, Sriganganagar 07.07.2018 Divorce appeal period Till 21.07.2018 Complaint no.82/2017 Vishal Kumar vs. Sonal Ahuja Ld. Sub. Divisional Judicial Magistrate, Malout Punjab 23.07.2018 CM 37/17 Vikarm Ahuja vs. Sonal Family Court, Sriganganagar 26.07.2018 F.R. No.81/2018 in Case no. 27/2018 (FIR No.393/2017 Sadar Thana, Sriganganagar) Vishal Ahuja vs. Sonal jasuja and others ACJM 1 Court, Sriganganagar 03.08.2018 Any other cases by the Present Petitioner and his Family Members on the respondent No.2 and her family members 5. That the Present Petitioner needs to file an affidavit himself and also get an affidavit filed from his brother Vishal Ahuja stating that they have withdrawn all the cases against the respondent No.2 and her family members and No other cases, FIR, Complaints have been filed by the Present Petitioner and his family members on Respondent No.2 and her family members and The Present Petitioner and his family members will not file new litigation, complaint or any other application before any authority/Court/Forum in this regard in future on the Respondent No. 2 and her family members. The brother of Present Petitioner also needs to mention in the affidavit that he will not file Protest Petition in FR No.81/18, case No. 27/18 (FIR No. 393/17) at ACJM-1, Court Sriganganagar. The certified copy of order-sheet of ACJM-1, Sriganganagar mentioning that Shri Vishal Ahuja will file Protest Petition on 03-08-2018 is Attachment-1. 6. That the Present Petitioner needs to submit an affidavit to this Hon'ble Court stating that the Present Petitioner will not challenge/file appeal against the decree of divorce granted by the family court Sriganganagar. 7. That the compromise will be done in writing after execution of all the terms of compromise and not just on the basis of promises. 8. That in the absence of fulfillments of all the conditions of compromise of the respondent No.2, the harrassed respondent No.2 is not ready for any compromise. 9. 7. That the compromise will be done in writing after execution of all the terms of compromise and not just on the basis of promises. 8. That in the absence of fulfillments of all the conditions of compromise of the respondent No.2, the harrassed respondent No.2 is not ready for any compromise. 9. That since the Present Petitioner is not practically withdrawing the cases etc. the possibility of the Present Petitioner having malified intensions and getting the FIR under Section 498A, 406 IPC Quashed in the name of Compromise cannot be denied. It is a Humble request that if the Present Petitioner and his brother do not actually fulfill all the conditions of compromise then there is no scope for compromise. Mere commitments and filing of affidavit by the Present Petitioner with commitments on behalf of his brother does not lead to any compromise. It is to be noted that the Present Petitioner himself has not given affidavit of withdrawing cases filed by himself instead he has given affidavit in reference to the cases filed by the brother. It shows that the Present Petitioner has not come with clean hand. It is thus clear that in such conditions compromise is not possible. If the Present Petitioner does not really fulfill the conditions of compromise the respondent No.2 is not ready for compromise. In that condition it is a humble request that written arguments of Respondent No.2 (Inward No.5734/18), documents (Inward No.14500/17), certified copies (Inward No.5720/18) along with citations (Attachment No.3, 4, 5 & 6) & wedding card (Attachment No.2) justifying the jurisdiction of the court at Sriganganagar be taken into consideration & the present CrLMP No. 3079/17 filed by the Present Petitioner kindly be dismissed and the trial court(CJM Court Sriganganagar) be directed to do speedy trial and impart justice to the harrased Respondent No.2 who had filed the case u/s 498A, 406 IPC more than 5 years ago. Date-02.07.2018 Humble Applicant/Respondent No.2 Sd/- (Sonal) R/o 13-B Block Sriganganagar Attachments1. Certified copy of order sheet dt.18.05.2018 of ACJM Court 2. Wedding Card 3. Citation Bharat Kale and Anr. vs. State of AP (Appeal) Criminal 1251 to 2003 of Supreme Court of India) 4. Citation Vanka Radhamanohari (Smt.) Vs. Vanka Venkate Reddy & Ors. On 20.04.1993. 5. Citation Sunita Kumari Kashyap vs. State of Bihar and Anr. (Crl Appeal No.917/2011 of Supreme Court of India). 6. Citation Harikesh Dhanak and Anr. Wedding Card 3. Citation Bharat Kale and Anr. vs. State of AP (Appeal) Criminal 1251 to 2003 of Supreme Court of India) 4. Citation Vanka Radhamanohari (Smt.) Vs. Vanka Venkate Reddy & Ors. On 20.04.1993. 5. Citation Sunita Kumari Kashyap vs. State of Bihar and Anr. (Crl Appeal No.917/2011 of Supreme Court of India). 6. Citation Harikesh Dhanak and Anr. vs. state of Rajasthan and Anr." 18. On 09.07.2018, when the matter was listed before the Court, the following order was passed: "09/07/2018 The respondent No.2, present in person before this Court has submitted reply to the application dated 12.6.2018 filed on behalf of the petitioner in this criminal misc. petition. The petitioner along with his brother Mr. Vishal Ahuja present in person before this Court undertake that the cases instituted against the respondent No.2 and her family members on behalf of the petitioner, his brother and their any other relative either in the State of Rajasthan or in the State of Punjab will be withdrawn by the next date of hearing. Taking into consideration, the undertaking given by the petitioner and his brother Mr. Vishal Ahuja, this Court deems it appropriate to list this matter on 9th August, 2018. On that day, the petitioner and his brother Mr.Vishal Ahuja may appear in person before this Court and produce certified copy of the orders withdrawing Complaint No.82/2017 pending in the court of CJM, Malout, Punjab; the application No.37/2017 pending in the Family Court, Sri Ganganagar; order of withdrawal of Protest Petition preferred by them being aggrieved with the FR No.81/2018, arising out of FIR No.393/2017 of Police Station Sadar Thana, Sri Ganganagar and order of withdrawal of Complaint No.218/2017 filed by them in the Court of CJM, Sri Ganganagar. Let this matter be listed on 9th August, 2018. Interim order, if any, to continue till the next date." JUDGMENT VIJAY BISHNOI, J. 1. This criminal misc. petition under section 482 Cr.P.C is filed being aggrieved with the order dated 24.08.2017 passed by Additional Sessions Judge No.1, Sriganganagar (for short 'the revisional court' hereinafter), whereby it has dismissed the Revision Petition No.53/2017 filed by the petitioner. 2. Interim order, if any, to continue till the next date." JUDGMENT VIJAY BISHNOI, J. 1. This criminal misc. petition under section 482 Cr.P.C is filed being aggrieved with the order dated 24.08.2017 passed by Additional Sessions Judge No.1, Sriganganagar (for short 'the revisional court' hereinafter), whereby it has dismissed the Revision Petition No.53/2017 filed by the petitioner. 2. The said revision petition was filed by the petitioner against the order dated 28.01.2017 passed by Chief Judicial Magistrate, Sriganganagar (for short 'the trial court' hereinafter), whereby it has ordered for framing of charge against the petitioner for the offences punishable under sections 498A and 406 IPC. 3. Brief facts of the case are that respondent No.2 filed a complaint in the Court of Chief Judicial Magistrate, Sriganganagar against the petitioner and three other persons for the offences punishable under sections 498A, 406 and 323 IPC, whereby the said complaint was forwarded to the Police Station, Mahila, Sriganganagar and on the basis of said complaint, FIR No.131/2013 was registered against the petitioner and three other persons named in the complaint for the offences punishable under sections 406, 498A and 323 IPC. 4. In the complaint, the respondent No.2 has alleged that her marriage with the petitioner was solemnized on 29.11.2008 at Sriganganagar, where her parents gave ornaments and other articles to her in-laws as per their demand. It is further alleged that after her marriage with the petitioner both of them started living at Panch Kula, Haryana, where she was harassed and insulted on account of demand of dowry by petitioner and other persons named in the FIR. Allegations regarding illtreatment given to respondent No.2 during her illness as well as of forcing her to get her pregnancy terminated have also been levelled. 5. Police after thorough investigation have filed charge-sheet against the petitioner alone for the offence punishable under sections 498A and 406 IPC. The police have also concluded that there is no involvement of other persons viz. mother, elder brother and wife of the elder brother of the petitioner in commission of any crime. 6. The trial court took cognizance against the petitioner for the offences punishable under sections 498A and 406 IPC vide order dated 16.01.2017 and simultaneously also rejected the application preferred on behalf of the respondent No.2 under section 190 Cr.P.C. with a prayer for taking cognizance against the petitioner's mother, brother and brother's wife. 6. The trial court took cognizance against the petitioner for the offences punishable under sections 498A and 406 IPC vide order dated 16.01.2017 and simultaneously also rejected the application preferred on behalf of the respondent No.2 under section 190 Cr.P.C. with a prayer for taking cognizance against the petitioner's mother, brother and brother's wife. Thereafter, the trial court has framed charges against the petitioner for the offences punishable under sections 498A and 406 IPC vide order dated 28.01.2017 against which the petitioner preferred a revision petition before the revisional court, however, the same has been dismissed. 7. Being aggrieved with the aforesaid, the petitioner has preferred this criminal misc. petition seeking following reliefs: "It is therefore most respectfully prayed that this petition may kindly be allowed and the impugned orders dated 28.01.2017 passed by the Chief judicial Magistrate, Sriganganagar and dated 24.08.2017 passed by learned Addl. Session Judge no.1, Sriganganagar May kindly ordered to be quashed and set aside. The criminal proceedings so initiated against the petitioner may kindly be quashed. Any other relief which this Hon'ble Court deem just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner." 8. Before taking into consideration the challenge of the petitioner to the impugned orders, I would like to note some facts in brief, which will demonstrate as to how a litigant can attempt to abuse the process of court with audacity. It is in respect of respondent No.2 in particular. 9. This criminal misc. petition was filed on 07.09.2017 and the Registry fixed the date for listing it in Court on 15.09.2017. On 15.09.2017, respondent No.2 was present in person, she asked for a copy of this petition and this Court ordered for giving a copy of the petition to her and the matter was ordered to be listed on 13.10.2017. On 13.102.2017, the petition was dismissed in default for want of appearance on behalf of the petitioner. On 13.11.2017, this misc. petition was restored on an application preferred on behalf of the petitioner in the presence of respondent No.2 and it was listed on 19.12.2017, however, the same was adjourned for 20.12.2017. On 20.12.2017, counsel for the petitioner prayed that the Court may intervene in the matter for resolving all disputes between the parties. On 13.11.2017, this misc. petition was restored on an application preferred on behalf of the petitioner in the presence of respondent No.2 and it was listed on 19.12.2017, however, the same was adjourned for 20.12.2017. On 20.12.2017, counsel for the petitioner prayed that the Court may intervene in the matter for resolving all disputes between the parties. Respondent No.2, who was present in person, did not object to the said submission and, therefore, the Court directed the petitioner to remain present in the Court on the next date so as to explore the possibility of amicable settlement and fixed the matter to be listed on 04.01.2018. On 04.01.2018, in the presence of the parties, the following order was passed: ^^04@01@2018 i{kdkjku bl U;k;ky; }kjk ikfjr vkns'k fnukad 20-12-2017 ds vuqlj.k esa vkt U;k;ky; esa mifLFkr gSA v;kph ds u pkgus ds ckotwn ;kph us mls ,oa mlds iq= dks ,deq'r fuoZgu HkRrk nsus dk izLrko j[kkA ijUrq] v;kph fdlh Hkh lwjr esa jkthukek djus dk rS;kj ugha gS ,o bl ckr ij n`< gS fd tc rd fookg foPNsn dh fMØh ikfjr ugha gksrh og fdlh izdkj dh e/;LFkrk Lohdkj ugha djsxhA mijksDr rF;ksa dks ns[krs gq,] bl U;k;ky; dh jk; esa i{kdkjku ds e/; jkthukek gksus dh lEHkkouk ugha gSA vr% ;g fofo/k ;kfpdk xzg.kkFkZ lquokbZ gsrq rkjh[k 18-01-2018 dks lwphc) gksA ;kph ds vf/koDrk leLr nLrkostkr jsdMZ ij izLrqr djsA^^ 10. From the above order, it is clear that the respondent No.2 was not ready for compromise till the decree of divorce is passed on a divorce petition filed by her. The matter was then fixed on 18.01.2018. However, a day prior to listing of the matter i.e. on 17.01.2018, respondent No.2 moved an application before this Court, which is quoted verbatim hereunder: Date of Hearing 18.01.2018 To, THE HON’BLE CHIEF JUSTICE AND HIS COMPANION HON’BLE JUDGES OF THE RAJASTHAN HIGH COURT AT JODHPUR. MAY IT PLEASE YOUR LORDSHIPS : Humble Applicant/Respondent No.2 begs to submit that on 20.12.2017 the learned counsel for the petitioner had prayed that the court may intervene in the matter for resolving all the disputes between the parties but on the next fate of hearing i.e. 04.01.18 the dispute couldn't be resolved. The applicant/Respondent No.2 has already filed divorce petition u/s 13(1) HMA and the petitioner has also filed counter claim of divorce at family court sriganganagar. The applicant/Respondent No.2 has already filed divorce petition u/s 13(1) HMA and the petitioner has also filed counter claim of divorce at family court sriganganagar. On conversion of the case U/s 13(A) HMA to case U/s 13(B) HMA with mututal consent the Applicant/Respondent No.2 has apprehension keeping in mind the past cruel conduct of the petitioner, that the petitioner may withdraw his consent for divorce. In such circumstances the Applicant/Respondent No.2 will be no where and will have irrepairable loss. According to Applicant/Respondent No.2 only obtaining the decree of divorce will not resolve all the disputes between the parties. The conditions of Applicant/Respondent No.2 for compromise are as under:- 1. That the minor son of the Applicant/Respondent No.2 has threat to life from the petitioner and his family. In case the petitioner Vikram Ahuja withdraws the case No. 37/2017 at Family Court, Sri Ganganagar U/s 25 Guardian and Wards Act read with section 6 Hindu Minority and Guardianship Act and submits the court order to this Hon'ble Court and also accepts that he will have no right to the custody, guardianship, visitation rights and any other right with respect to the minor child Shivansh and the sole custody and guardianship of the minor child Shivansh shall vest in the applicant Sonal and the petitioner will not do any other claims over the minor child under any circumstances. 2. That in case the petitioner Vikram Ahuja and his brother Vishal withdraw all false criminal and civil cases and agree not to file protest petition in case F.R. is produced in F.I.R filed by the brother of the petitioner against the applicant and her family members and submits the court orders to this Hon'ble court and also ensures the Hon'ble court that no other cases/F.I.R have been filed by the petitioner and his family members and also agrees that he and his family will not file any litigation, any complaint or any other application before any authority/court/forum in this regard in future on the Applicant/Respondent No.2 and her family members. 3. That in case after the completion of conditions in above mentioned paragraph no.1 and 2, the petitioner and Applicant/Respondent no.2 gets decree of divorce with mutual consent after getting the cooling period of 6 months waived off and submits the decree of divorce to this Hon'ble Court. 3. That in case after the completion of conditions in above mentioned paragraph no.1 and 2, the petitioner and Applicant/Respondent no.2 gets decree of divorce with mutual consent after getting the cooling period of 6 months waived off and submits the decree of divorce to this Hon'ble Court. In case all the above 3 conditions are fulfiled then the Applicant/Respondent No.2 will not demand maintenance for herself and her son. Date 16.01.2018 Applicant/Respondent No.2" 11. On 18.01.2018, a copy of the above referred application was provided to the counsel for the petitioner, he prayed for some time to take instructions and the matter was fixed to be listed on 15.02.2018. On 15.02.2018, the respondent No.2 again moved a revised application, which is reproduced as under: Date of Hearing 15.02.2018 REVISED APPLICATION To, THE HON'BLE CHIEF JUSTICE AND HIS COMPANION HON’BLE JUDGES OF THE RAJASTHAN HIGH COURT AT JODHPUR. MAY IT PLEASE YOUR LORDSHIPS : Humble applicant/Respondent No.2 begs to submit that the applicant had submitted an application in the Hon'ble High Court dt. 16.01.2018. The revised application in the same context on conditions of compromise is as under :- 1. Custody/Guardianship/Visitation-Rights : (i) That the minor son Shivansh of the Applicant/Respondent No.2 has threat to life from the petitioner and his family. The minor son Shivansh has been in the custody and guardianship of the Applicant/Respondent No.2 since his birth in 2010 while the Present Petitioner has abused and neglected the minor son. (ii) That the Hon'ble High Court is requested to grant the permanent sole custody & guardianship to the Applicant/Respondent No.2 Sonal (iii) That the present petitioner leaves the visitation rights and any other right with respect to the minor child Shivansh and will not do any claims over the minor child Shivansh under any circumstances. 2. Cases: i. FIR filed through relative of present petitioner at Sriganganagar That the present petitioner made his relative (elder brother) file FIR no.393/17, Sadar Thana, Sriganganagar on applicant/Respondent no.2 and her parents. Vishal Ahuja vs. Sonal Jasuja and other U/s 384, 417, 420, 467, 471, 120-B in November, 2017. The FIR was filed with an ill intention to get the Applicant/Respondent no.2 and her senior citizen parents arrested and imprisoned leaving the minor son behind but the police upon investigation found the allegations to be false and submitted FR in the ACJM-1 Court, Sriganganagar. ii. The FIR was filed with an ill intention to get the Applicant/Respondent no.2 and her senior citizen parents arrested and imprisoned leaving the minor son behind but the police upon investigation found the allegations to be false and submitted FR in the ACJM-1 Court, Sriganganagar. ii. Complaint filed through relative of present petitioner at Punjab That the present petitioner has made his relative (elder brother) file complaint at Malout (Punjab) Complaint No. 82/17 Vishal Kumar vs. Sonal Ahuja U/s 177, 181, 182, 465, 467, 468, 471, 499, 500 IPC at the Court of Ld. Sub-divisional Judicial Magistrate, Malout in which next date of hearing is 21.02.2018. iii. Complaint by present petitioner at CJM Court, Sriganganagar That the present petitioner has filed a false complaint (complaint No.218/17) in CJM Court, Sriganganagar Vikram Ahuja vs. Sonal U/s 189, 506 IPC. It cannot be denied that the present petitioner may harass the Applicant/Respondent No.2 and her family even after the compromise by continuing with the criminal cases and FIR's that are not in the knowledge of Applicant/Respondent no.2 and also by filing new one's through his friends and relative so the Hon'ble High Court is requested to bound the present petitioner to withdraw/compromise and make his relatives and friends also withdraw/compromise in all the cases/complaints/FIR's against the Applicant/Respondent No.2 and her family members and submits the court orders to the Hon'ble High Court. The Hon'ble High Court is also requested to bound the present petitioner so as to not to make his elder brother proceed in filling protest petition in FR at ACJM-1 Court, Sriganganagar and also bound the present petitioner that he will neither himself file nor file through his relatives and friends new litigation, cases, FIR's before any authority/court/forum in this regard in future on applicant/Respondent No.2 and her family members. 3. Divorce: i. That according to the order sheet of the Hon'ble High Court dated 04.01.2018 (attachment-1) there was no possibility of compromise but the present petitioner gave a false statement in the Family Court, Sriganganagar stating that the Applicant/Respondent No.2 had given assurance of doing compromise and filing application U/s 13-B HMA in the lower Court which is clear from order sheet dt. 08.01.2018 (attachment-2) thus, the present petitioner is not even being true to the Hon'ble Courts, so he is not trustable to cooperate in the grant of decree of divorce. ii. 08.01.2018 (attachment-2) thus, the present petitioner is not even being true to the Hon'ble Courts, so he is not trustable to cooperate in the grant of decree of divorce. ii. That the Applicant/Respondent no.2 had filed divorce petition U/s 13(1) HMA at Family Court, Sriganganagar in 2015. The present petitioner had filed counter claim of divorce. Later the Applicant/Respondent no.2 had filed an application on 02.12.2016 requesting the Family Court, Sriganganagar to grant divorce as both the parties had asked for divorce. The Family Court, Sriganganagar dismissed the said application vide order dt. 10.01.2017. The present petitioner filed another application on 08.01.2018 stating ^^mijksDr izdj.k esa i{kdkjku dks fookg foPNsn dh fMdzh ikfjr dh tkos^^ i.e., in case of contested divorce CM 610/2015 but according to the order sheet dated 08.01.2018 (attachment-3) of the Family Court, Sriganganagar, the present petitioner mentioned that he is ready for mutual consent divorce for which he has given the above mentioned application U/s 151 C.P.C thus, the present petitioner is not trustable. Therefore, the Hon'ble High Court is requested to waive off cooling period and grant the decree of divorce. In case all the above conditions are fulfilled then the Applicant/Respondent No.2 will not demand maintenance for herself and her minor son. In case the conditions are not fulfilled then there will not be possibility of compromise between the parties. Considering the request of the present petitioner for resolving all the disputes between the parties and the conditions mentioned above, the Hon'ble High Court is requested to grant divorce to the parties, sole custody and guardianship of the minor child Shivansh to the Applicant/Respondent No.2 Sonal, no visitation rights and any other right with respect to minor child Shivansh to the present petitioner and bound the present petitioner from doing any claims over the minor child Shivansh under any circumstances, bound the present petitioner to himself withdraw/compromise and also get cases, FIR's withdrawn/compromised by his relatives/friends and also bound not to file and not to make his relatives and friends file new cases and FIR's on Applicant/Respondent no.2 and her family members. The Applicant/Respondent no.2 will be greatly obliged. Attachments 1. Web copy of order dt. 04.01.2018 of the Hon'ble High Court 2. Certified copy of Order Sheet of Family Court, Sriganganagar dt. 08.01.2018. 3. Certified copy of application of present petitioner dt. 08.01.2018. Date: 14.02.2018 Humble Applicant/Respondent no.2 Sd/- Sonal" 12. The Applicant/Respondent no.2 will be greatly obliged. Attachments 1. Web copy of order dt. 04.01.2018 of the Hon'ble High Court 2. Certified copy of Order Sheet of Family Court, Sriganganagar dt. 08.01.2018. 3. Certified copy of application of present petitioner dt. 08.01.2018. Date: 14.02.2018 Humble Applicant/Respondent no.2 Sd/- Sonal" 12. On 15.02.2018, counsel for the petitioner prayed for some time and the matter was fixed for 15.03.2018, however, on 14.03.2018, the respondent No.2 moved an application requesting to direct the petitioner to submit the condition of compromise in writing. The application dated 14.03.2018 is reproduced hereunder: Date of Hearing 15.03.2018 REVISED APPLICATION Application for request for taking conditions of compromise in writing To, The Hon’ble Chief Justice and his other companion Judges of Rajasthan High Court at Jodhpur. MAY IT PLEASE YOUR LORDSHIPS : Humble Applicant/Respondent No.2 begs to submit that:- 1. That on 15th Feb. 2018 the present petitioner had proposed to file reply to the interlocutory application submitted by the respondent no.2. 2. That the humble applicant/respondents no.2 had given consolidated conditions of compromise in writing to the Hon’ble High Court on 15.02.2018 for which the present petitioner had prayed for time. It is a humble request to the Hon’ble High court to take the conditions of compromise of the present petitioner in writing only as the respondent no.2 does not have faith on the present petitioner. The respondent no.2 shall be greatly obliged. Date: 14.03.2018 Humble Applicant/Respondent No.2 Sd/- (SONAL)" 13. On 15.03.2018, the matter was ordered to be listed on 09.04.2018. On 09.04.2018, after hearing counsel for the petitioner and respondent No.2, this Court stayed the proceedings pending against the petitioner in Criminal Case No.12/2017 before the Chief Judicial Magistrate, Sriganganagar and fixed the matter to be listed on 09.05.2018. 14. However, on 09.04.2018 itself, the respondent No.2 filed another application, which is reproduced hereunder: Date of Hearing 09.04.2018 Application for request for taking conditions of compromise & Date wise action plan from the Present Petitioner To, The Hon’ble Chief Justice and his other companion Judges of Rajasthan High Court at Jodhpur. MAY IT PLEASE YOUR LORDSHIPS ; Humble Applicant/Respondent no.2 begs to submit that:- 1. That a request for resolving all the disputes between the parties was made on behalf of the Present Petitioner on 20.12.2017. 2. MAY IT PLEASE YOUR LORDSHIPS ; Humble Applicant/Respondent no.2 begs to submit that:- 1. That a request for resolving all the disputes between the parties was made on behalf of the Present Petitioner on 20.12.2017. 2. That the Present Petitioner has not filed his conditions of compromise and a detailed action plan as to how the dispute can be resolved in the Hon'ble High Court up-till now. 3. That the Respondent No.2 has the following cases in her knowledge that have been filed by the Present Petitioner & the false cases that Present Petitioner has made his brother Vishal Ahuja file on Respondent no.2 & even her parents - Filing U/s Title Court 1. complaint no.82/17 177, 181, 182, 465, 467, 468, 471, 499, 500 IPC Visha Ahuja Vs. Sonal Ahuja Court of Ld. Sub divisional Judicial Magistrate Malout (Punjab) 2. FIR No. 393/17 Sadar Thana Sriganganagar, Case No. 27/18, FR no. 81/18 384, 417, 420, 467, 468, 471, 120 B IPC Vishal Ahuja Vs. Sonal Jasuja & Others ACJM-1 Court Sriganganagar 3. Complaint No.218/17 189, 506 IPC Vikram Ahuja Vs. Sonal CJm Court Sriganganagar 4. CM 37/17 25 Guardian & Wards act read with section 6 Hindu Minority & Guardianship Act Vikram Ahuja Vs. Sonal Family Court Sriganganagar 5. CM 610/15 Counter Claim of divorce U/s 13(1) HMA Sonal vs. Vikram Ahuja Family Court Sriganganagar 4. That it is requested that the Present Petitioner be directed to first of all inform the Hon'ble Court about his date-wise action plan about surrendering sole custody, guardianship and visitation rights of minor child Shivansh, any other rights and claims with respect to minor child Shivansh under all circumstances. 5. That the complaint no. 82/17 at Ld. sub divisional Judicial Magistrate, Malout (Punjab) is out of jurisdiction of this Hon'ble Court so an action plan of the Present Petitioner for getting the complaint withdrawn from his brother Vishal Ahuja and filing the certified copy of the court order to this Hon'ble Court is to be mentioned by the Present Petitioner further affidavit from the brother of the Present Petitioner Vishal Ahuja is required regarding mentioning his action plan of compromising/withdrawing/getting quashed all cases/complaints/FIRs against the Respondent no.2 & her family members & a commitment about not filing any cases/complaints/FIRs on Respondent No.2 and her family members in future. 6. 6. That it is humble request that the Present Petitioner be directed to give an affidavit to this Hon'ble Court about the complete list of cases, complaints & FiRs filed by the Present Petitioner, his relatives & friends on the Respondent No.2 & her family Members and detailed date wise action plan to withdraw/compromise/get/FIRs quashed. The Present Petitioner also needs to disclose his steps about his commitment for not filing & not making his relative & friends file any new cases/complaints/FIRs against the Respondent No.2 & her family members. 7. That after the action plan of Custody, Guardianship, Visitation Rights etc. issues and after the action plan for withdrawal of cases, FIRs and complaints against the Respondent No.2 & her family members, finally action plan to cooperate for divorce without cooling period is to be disclosed & the date of submitting the decree of Divorce to this Hon'ble Court is to be mentioned. It is humble request in the interest of justice to the Hon'ble High Court to keep the criminal misc. petition pending and take the date-wise action plan for compromising form the Present Petitioner in writing in the absence of which any compromise is not possible. It is also requested that the next date of hearing be given after a month as the Respondent No.2 needs to come along with her father/mother from Sriganganagar, the remote corner of Rajasthan. Respondent No.2 shall be greatly obliged. Attachment : 1. Certified Copy of Final Report in false FIR lodged by the brother of the Present Petitioner. Date: 9.04.2018 HUMBLE APPLICANT/RESPONDENT NO.2 Sd/- (SONAL)" 15. Pursuant to the order dated 09.04.2018, the matter was listed on 09.05.2018 and on that date, respondent No.2 filed her written arguments in detail. However, the case was adjourned for 09.07.2018. 16. In the meantime, the Family Court, Sriganganagar granted decree of divorce to the respondent No.2 vide judgment dated 21.04.2018. Thereafter on 12.06.2018, the petitioner filed reply to the application and revised application filed by respondent No.2. The same is quoted as under: Reply to the application/consent for conditions mentioned in application of respondent no.2 (complainant) & revised application TO, THE HON’BLE CHIEF JUSTICE AND HIS OTHER COMPANION JUDGES OF THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR MAY IT PLEASE YOUR LORDSHIPS; On behalf of humble petitioner it is most respectfully submitted as under:- 1. The same is quoted as under: Reply to the application/consent for conditions mentioned in application of respondent no.2 (complainant) & revised application TO, THE HON’BLE CHIEF JUSTICE AND HIS OTHER COMPANION JUDGES OF THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR MAY IT PLEASE YOUR LORDSHIPS; On behalf of humble petitioner it is most respectfully submitted as under:- 1. That the petitioner is ready to fulfill the first condition, and ready to withdraw the case no.37/2017 at Family Court Sriganganagar u/s 25 Guardian & Wards Act r/w s. 6 Hindu minority and Guardianship Act and ready to submit the court's order and also accepts that the petitioner will have no right to the custody, Guardianships, Visitation right and any other right with respect to his minor child Shivansh & sole custody and guardianship of minor Shivansh shall vest in the respondent no.2 Sonal & petitioner will not do any other claim over the minor child under any circumstances & petitioner also want to assure that there was no former threat to life to respondent no.2 & minor Son from petitioner and his family. 2. That the petitioner is ready to fulfill the second condition mentioned in the application ready that the petitioner Vikram Ahuja and his brother Vishal Ahuja will withdraw all criminal & civil cases and agree that they will not file protest petition in case F.R.is produced in F.I.R filed by the brother of the petitioner against the applicant respondent no.2 and her family members and submit the court's order to this Hon'ble court and also ensures that no other cases/FIR have been filed by the petitioner and his family members and also agree that the petitioner and his family will not file any litigation, any complaint or any other application before any authority/court/forum in this regard in future on the Applicant/Respondent no.2 and her family members.& the petitioner further want to assure that no false case was previously filed and in future will not be filed. 3. 3. That the petitioner is already consented to complete the conditions mention in the paragraph no.1 & 2 of the application of the respondent no.2 and he was ready to get divorce with mutual consent and he was ready to submit the decree of divorce to this Hon'ble court, but in the change in circumstances it is noteworthy to mention here that learned Family court Sriganganagar has already passed the decree of Divorce while allowing the application of the respondent Sonal & the petitioner undertakes that he will not challenge it further if the all disputes & cases settled mutually. REPLY TO THE REVISED APPLICATION Humble petitioner respectfully submits paragraph wise reply to the revised application as under: 1.(i) That since the all matters are going to be amicably settled between the petitioner and respondent no.2, the petitioner & his family himself do not want to create any controversy regarding truthfulness of any former fact & do not want to comment anything which can unpleasant to the respondent no.2. (ii) That since the all matters are going to be amicably settled between the petitioner and respondent no.2, the petitioner is ready to fulfill first condition and agrees in case Hon'ble court grants permanent sole custody & guardianship of his minor son Shivansh to the applicant/Respondent no.2 sonal. (iii) That since the all matters are going to be amicably settled between the petitioner and respondent no.2, the present petitioner ready to leave the visitation rights and any other right with respect to the minor child Shivansh and will not do any claim over the minor child Shivansh under any circumstances. 2. That since the all matters are going to be amicably settled between the petitioner and respondent no.2, all the cases mentioned in sub-para (i),(ii),(iii) will be withdrawn/compromised & ensure that the elder brother of the petitioner will not proceed in filling protest. 3. That since the all matters are going to be amicably settled between the petitioner and respondent no.2 without going in to the dispute regarding truthfulness of the former facts, it is noteworthy to mention here that learned Family court Sriganganagar has already passed the decree of Divorce while allowing the application of the respondent Sonal & the petitioner undertakes that he will not challenge it further if the all disputes & cases settled mutually. Since sub-para is repetition of the conditions mentioned in application as well as revised application filed by the respondent no.2, without averting anything new petitioner & his family including his brother, is ready to settle amicably all the matters and ready and willing to fulfill all the condition mentioned in application and revised application. Sd- Humble petitioner" 17. Thereafter on 03.07.2018, the respondent No.2 filed written arguments, wherein it is asserted that she is ready to compromise the matter on certain conditions. The written arguments filed by respondent No.2 are reproduced hereunder: Date of Hearing 09.07.2018 WRITTEN ARGUMENTS OF RESPONDENT NO.2 ON REPLY TO APLLICATION OF PRESENT PETITIONER DT.12.06.2018 To, THE HON’BLE CHIEF JUSTICE AND HIS COMPANION HON’BLE JUDGES OF THE RAJASTHAN HIGH COURT AT JODHPUR. MAY IT PLEASE YOUR LORDSHIPS : Humble Respondent No.2 begs to submit as under :- 1. That the Present Petitioner has filed reply to the application of respondent No.2 on conditions of compromise and her revised application but he has not filed any reply to the application of respondent No.2 (APPLR No.316/2018) for mentioning date wise action plan for compromise which depicts that the Present Petitioner does not have intention of practically fulfilling the conditions of compromise. 2. That the promises made by the Present Petitioner in his reply dated 12.06.2018 are merely promises looking at the past conduct of the Present Petitioner. The promises are not acceptable and the respondent No.2 is not ready for any compromise on the basis of mere promises. 3. That for arriving at a compromise the Present Petitioner needs to withdraw the custody case No.37/2017 at family court, Sriganganagar and submit the certified copy of court order to this Hon'ble Court and also needs to file an affidavit to this Hon'ble Court stating that the present petitioner and his family members will have no right to the custody, guardianship and visitation rights & any other right with respect to the minor child Shivansh and the permanent sole custody and guardianship of the minor child Shivansh shall vest in the Respondent No.2 Sonal. The petitioner & his family will not do any other claims/demand over the minor child under any circumstances in future also. 4. The petitioner & his family will not do any other claims/demand over the minor child under any circumstances in future also. 4. That the Present Petitioner himself and his brother Vishal Ahuja need to withdraw all the criminal and civil cases, complaints FIR filed against the Respondent No. 2nd her family members and submit the certified copies of such Court orders to this Hon'ble Court. They need to withdraw the following Cases, Complaints-Filings Filings Title Court Next Date of Hearing Complaint No.218/2017 Vikram Ahuja vs. Sonal CJM Court, Sriganganagar 07.07.2018 Divorce appeal period Till 21.07.2018 Complaint no.82/2017 Vishal Kumar vs. Sonal Ahuja Ld. Sub. Divisional Judicial Magistrate, Malout Punjab 23.07.2018 CM 37/17 Vikarm Ahuja vs. Sonal Family Court, Sriganganagar 26.07.2018 F.R. No.81/2018 in Case no. 27/2018 (FIR No.393/2017 Sadar Thana, Sriganganagar) Vishal Ahuja vs. Sonal jasuja and others ACJM 1 Court, Sriganganagar 03.08.2018 Any other cases by the Present Petitioner and his Family Members on the respondent No.2 and her family members 5. That the Present Petitioner needs to file an affidavit himself and also get an affidavit filed from his brother Vishal Ahuja stating that they have withdrawn all the cases against the respondent No.2 and her family members and No other cases, FIR, Complaints have been filed by the Present Petitioner and his family members on Respondent No.2 and her family members and The Present Petitioner and his family members will not file new litigation, complaint or any other application before any authority/Court/Forum in this regard in future on the Respondent No. 2 and her family members. The brother of Present Petitioner also needs to mention in the affidavit that he will not file Protest Petition in FR No.81/18, case No. 27/18 (FIR No. 393/17) at ACJM-1, Court Sriganganagar. The certified copy of order-sheet of ACJM-1, Sriganganagar mentioning that Shri Vishal Ahuja will file Protest Petition on 03-08-2018 is Attachment-1. 6. That the Present Petitioner needs to submit an affidavit to this Hon'ble Court stating that the Present Petitioner will not challenge/file appeal against the decree of divorce granted by the family court Sriganganagar. 7. That the compromise will be done in writing after execution of all the terms of compromise and not just on the basis of promises. 8. That in the absence of fulfillments of all the conditions of compromise of the respondent No.2, the harrassed respondent No.2 is not ready for any compromise. 9. 7. That the compromise will be done in writing after execution of all the terms of compromise and not just on the basis of promises. 8. That in the absence of fulfillments of all the conditions of compromise of the respondent No.2, the harrassed respondent No.2 is not ready for any compromise. 9. That since the Present Petitioner is not practically withdrawing the cases etc. the possibility of the Present Petitioner having malified intensions and getting the FIR under Section 498A, 406 IPC Quashed in the name of Compromise cannot be denied. It is a Humble request that if the Present Petitioner and his brother do not actually fulfill all the conditions of compromise then there is no scope for compromise. Mere commitments and filing of affidavit by the Present Petitioner with commitments on behalf of his brother does not lead to any compromise. It is to be noted that the Present Petitioner himself has not given affidavit of withdrawing cases filed by himself instead he has given affidavit in reference to the cases filed by the brother. It shows that the Present Petitioner has not come with clean hand. It is thus clear that in such conditions compromise is not possible. If the Present Petitioner does not really fulfill the conditions of compromise the respondent No.2 is not ready for compromise. In that condition it is a humble request that written arguments of Respondent No.2 (Inward No.5734/18), documents (Inward No.14500/17), certified copies (Inward No.5720/18) along with citations (Attachment No.3, 4, 5 & 6) & wedding card (Attachment No.2) justifying the jurisdiction of the court at Sriganganagar be taken into consideration & the present CrLMP No. 3079/17 filed by the Present Petitioner kindly be dismissed and the trial court(CJM Court Sriganganagar) be directed to do speedy trial and impart justice to the harrased Respondent No.2 who had filed the case u/s 498A, 406 IPC more than 5 years ago. Date-02.07.2018 Humble Applicant/Respondent No.2 Sd/- (Sonal) R/o 13-B Block Sriganganagar Attachments1. Certified copy of order sheet dt.18.05.2018 of ACJM Court 2. Wedding Card 3. Citation Bharat Kale and Anr. vs. State of AP (Appeal) Criminal 1251 to 2003 of Supreme Court of India) 4. Citation Vanka Radhamanohari (Smt.) Vs. Vanka Venkate Reddy & Ors. On 20.04.1993. 5. Citation Sunita Kumari Kashyap vs. State of Bihar and Anr. (Crl Appeal No.917/2011 of Supreme Court of India). 6. Citation Harikesh Dhanak and Anr. Wedding Card 3. Citation Bharat Kale and Anr. vs. State of AP (Appeal) Criminal 1251 to 2003 of Supreme Court of India) 4. Citation Vanka Radhamanohari (Smt.) Vs. Vanka Venkate Reddy & Ors. On 20.04.1993. 5. Citation Sunita Kumari Kashyap vs. State of Bihar and Anr. (Crl Appeal No.917/2011 of Supreme Court of India). 6. Citation Harikesh Dhanak and Anr. vs. state of Rajasthan and Anr." 18. On 09.07.2018, when the matter was listed before the Court, the following order was passed: "09/07/2018 The respondent No.2, present in person before this Court has submitted reply to the application dated 12.6.2018 filed on behalf of the petitioner in this criminal misc. petition. The petitioner along with his brother Mr. Vishal Ahuja present in person before this Court undertake that the cases instituted against the respondent No.2 and her family members on behalf of the petitioner, his brother and their any other relative either in the State of Rajasthan or in the State of Punjab will be withdrawn by the next date of hearing. Taking into consideration, the undertaking given by the petitioner and his brother Mr. Vishal Ahuja, this Court deems it appropriate to list this matter on 9th August, 2018. On that day, the petitioner and his brother Mr.Vishal Ahuja may appear in person before this Court and produce certified copy of the orders withdrawing Complaint No.82/2017 pending in the court of CJM, Malout, Punjab; the application No.37/2017 pending in the Family Court, Sri Ganganagar; order of withdrawal of Protest Petition preferred by them being aggrieved with the FR No.81/2018, arising out of FIR No.393/2017 of Police Station Sadar Thana, Sri Ganganagar and order of withdrawal of Complaint No.218/2017 filed by them in the Court of CJM, Sri Ganganagar. Let this matter be listed on 9th August, 2018. Interim order, if any, to continue till the next date."