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2021 DIGILAW 846 (RAJ)

Bhavuk Sharma v. State of Rajasthan

2021-04-09

PUSHPENDRA SINGH BHATI

body2021
JUDGMENT : Pushpendra Singh Bhati, J. 1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court. 2. At the outset, learned counsels for all the parties submit that the parties have entered into a compromise, and in this regard, learned counsels for the parties have drawn the attention of this Court towards an order dated 07.04.2021 passed by this Hon'ble Court in S.B. Criminal Misc. Bail Application No. 4341/2020 (Bhavuk Sharma vs. State of Rajasthan), whereby petitioner-Bhavuk Sharma has been granted anticipatory bail on account of compromise between the parties. The said order dated 07.04.2021 reads as under:- "This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with F.I.R. No. 290/2019, Woman Police Station, Sriganganagar, for the offences under Sections 406, 498A and 420 I.P.C. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. During the course of arguments, with the intervention of the Court, the petitioner and the complainant, who are personally present, have agreed to mutually settle their differences and have decided to part their ways peacefully. As a consequence, a settlement cum compromise has been submitted under the signatures of the petitioner Bhavuk Sharma and complainant Ms. Pragya Bhardwaj, which is taken on record and shall form apart of these proceedings. Needless to say that the petitioner and complainant shall be under an obligation to comply with the terms of the compromise in letter and spirit. They shall move an application in the Family Court, Sriganganagar where, Divorce Petition No. 416/2020 is pending (filed at the instance of the complainant) to treat the same to be an application under Section 13B of the Hindu Marriage Act. Upon filing of the application, the cooling off period of six months shall be waived and the Family Court shall pass an order on the divorce application within seven days from the date of submission thereof. The parties shall withdraw all the criminal and civil cases lodged by each other in different courts, which are referred to in the settlement document. The motorcycle of the petitioner shall be returned to him in terms of Para No. 12 of the settlement. With the above observations and directions, the instant pre-arrest bail under Section 438 Cr.P.C. deserves to be accepted. The motorcycle of the petitioner shall be returned to him in terms of Para No. 12 of the settlement. With the above observations and directions, the instant pre-arrest bail under Section 438 Cr.P.C. deserves to be accepted. Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Bhavuk Sharma S/o Kailash Prakash Sharma in connection with F.I.R. No. 290/2019, Woman Police Station, Sriganganagar, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs. 50,000/- along with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions:- (i). that the petitioner(s) shall make himself/herself/themselves available for interrogation by a police officer as and when required; (ii). that the petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; and (iii). that the petitioner(s) shall not leave India without previous permission of the court." 3. Learned counsels for the parties thus submitted that the parties are not inclined to proceed further in the matter. 4. Learned counsels for the parties have also placed reliance on a decision of Supreme Court in case of Gian Singh vs. State of Punjab & Anr. [ (2012) 10 SCC 303 ]. 5. In view of the compromise arrived at between the parties as well as the aforequoted order passed on the basis of compromise between the parties and applying the ratio in decision of Gian Singh vs. State of Punjab & Anr. (supra), this Court deems it just and proper to invoke its inherent powers under Section 482 Cr.P.C. 6. Accordingly, the present misc. petitions are allowed and the FIR No. 290/2019 lodged at Police Station Mahila Thana, District Sri Ganganagar for the offence under Sections 406, 498A and 420 of IPC, along with entire proceedings pursuant thereto qua the petitioners are hereby quashed. The stay application also stands disposed of accordingly.