Saurabh Mishra @ Jonny v. State of Rajasthan, Through P. P.
2019-05-01
PANKAJ BHANDARI
body2019
DigiLaw.ai
JUDGMENT 1. Petitioner has preferred this Criminal Misc. Petition for quashing of F.I.R. No. 346/2018, registered with the Police Station Bayana, District Bharatpur. 2. Defect pointed out by the Registry is waived. 3. Since counsels for the parties and parties are present in person in the Court, the matter is taken up today itself. 4. It is contended by counsel for the petitioner that parties have compromised the matter before the Mediation Cell of the Rajasthan High Court. Copy of the Mediation Settlement is produced before the Court which is taken on record. 5. As per the Mediation Settlement, petitioner is required to pay a demand draft of Rs. 7,00,000/- for permanent maintenance. Parties have also agreed to move an application under Section 13- B of the Hindu Marriage Act. Parties have also agreed that the respondent could not press the First Information Report and would get the F.I.R. quashed in the present Criminal Misc. Petition. 6. It is contended by counsel for the respondent that the demand draft was not deposited within the time given by the Court, hence the respondent has an apprehension that if the F.I.R. got quashed and the divorce by mutual consent did not materialize, respondent would be put through inconvenience and loss. 7. With the consent of the parties, this Court thus makes it clear that the petitioner will deposit the demand draft with the Registrar Judicial and parties will appear before the Family Court and move an application under Section 13-B of the Hindu Marriage Act on 14.05.2019 and would try to obtain divorce by mutual consent by 20.11.2019. 8. In case, petitioner fails to appear before the Family Court, respondent would be entitled to claim demand draft from the Registrar Judicial and the term of demand draft would get extended by the petitioner or in his absence by the direction of the Court. 9. Respondent would be entitled to claim the articles deposited by the petitioner before Police Station, Bayana. As per the terms of the Mediation Settlement, demand draft be deposited with the Registrar Judicial within one week. 10. The Criminal Misc. Petition is, accordingly, allowed. F.I.R. No. 346/2018 registered with the Police Station Bayana, District Bharatpur is quashed subject to petitioner abiding by the terms of compromise. 11.
As per the terms of the Mediation Settlement, demand draft be deposited with the Registrar Judicial within one week. 10. The Criminal Misc. Petition is, accordingly, allowed. F.I.R. No. 346/2018 registered with the Police Station Bayana, District Bharatpur is quashed subject to petitioner abiding by the terms of compromise. 11. If the petitioner does not appear before the Family Court on 14.05.2019 or abide by the terms of the compromise, respondent would be free to move application for reviving the F.I.R.