JUDGMENT Dr. Pushpendra Singh Bhati, J. - This criminal misc. application has been preferred, by the applicant (writ petitioner), claiming the following reliefs: "It is, therefore, most respectfully prayed that this present application may kindly be allowed and the Annex.5 order dated 03.01.2023 may kindly be clarified by passing that the respondents wives allowed to live in the second floor of the house and use the separate stairs, which are built by the petitioner after passing of the order 03.01.2023. Any other appropriate order or direction, which this Hon’ble Court thinks fit may kindly be passed in favor of the petitioner’. 2. Learned counsel for the applicant (petitioner) submitted that in compliance of the order dated 03.01.2023 passed by this Court in S.B. Criminal Writ Petition No.326/2022 (Mehram Fardoda Vs. State of Rajasthan & Ors.) & other connected petitions, the applicant is ready to provide the accommodation to the respondent-wife, and that, the petitioner (father-in-law) of the respondent-wife has handed over the keys of the second floor of the house, in front of the concerned police authorities on 06.01.2023 for the said purpose. 3. Learned counsel for the applicant (petitioner) further submitted that the concerned police authorities served a notice dated 08.01.2023 to the applicant (petitioner) stating therein that the applicant (petitioner) was not present at the house in question for making compliance of the aforementioned order dated 03.01.2023; thereafter, the applicant (petitioner) filed reply to the said notice; whereafter the police authorities have broken the locks of the main gate and entered the house in question. 4. Learned counsel for the applicant (petitioner) further submitted that the act of breaking the locks of the house in question by the police authorities was illegal, because no such direction was given by this Court in the order dated 03.01.2023. 5. Learned counsel for the petitioner further submitted that the applicant (petitioner) is a 65 years old person and also suffering the various ailments, and therefore, it is highly impossible for him and his wife to live on the second floor, more particularly, in light of the fact that no such direction was given by this Court in the order dated 03.01.2023, to provide particular accommodation in the house in question. 6.
6. On the other hand, learned counsel for the respondent-wife opposed the aforesaid submissions made on behalf of the applicant (petitioner) and submitted that the issue raised in the present application has been already decided by this Court vide order dated 03.01.2023, after duly looking into the overall facts and circumstances of the case and the material available on record. 7. Heard learned counsel for the parties as well as perused the record of the case. 8. This Court finds that the present issue has already been decided in the above-numbered Criminal Writ Petition by this Hon’ble Court vide order dated 03.01.2023; relevant portion of the said order reads as under: - "8. Thus, a conjoint consideration of both the mediation reports, reflecting a completely contrary stand of the parties, is sufficient to demonstrate that no useful purpose would be served in referring the matters for mediation, again and again, more particularly looking into the peculiar factual matrix of the present case, due to which, the earlier mediation proceedings could not yield fruitful results, despite an amicable settlement arrived at between the parties in the mediation proceedings on 21.11.2022. 9. Thus, in view of the above, and the categorical factual submission made by the learned Public Prosecutor that the charge-sheets, in the impugned FIRs, are ready to be filed, the present petitions do not call for any interference, and the same are accordingly dismissed; with the following observations and directions: (a) The respondents-Superintendent of Police, Nagaur and SHO, Police Station Kuchera, District Nagaur, are directed to ensure that the ladies (wives) are restored to their original (matrimonial) house situated at Shiv Nagar, Kuchera, District Nagaur. However, this order shall not preclude the in-laws/petitioner, from seeking their (wives) ouster, strictly in accordance with law. (b) It is made clear that the present order is being passed, only to restore the status quo ante in regard to residential accommodation for the wives, as per the agreement arrived at between the parties, during the mediation proceedings dated 21.11.2022; the same, will however, not accrue any unfettered right in favour of the wives in regard to their stay in the house in question. (c) The parties shall be free to stake their respective claim(s) in regard to the property in question, strictly in accordance with law.
(c) The parties shall be free to stake their respective claim(s) in regard to the property in question, strictly in accordance with law. (d) It is further made clear that the mediation proceeding(s) stand nullified, in view of the final stand taken by all the parties. 10. All pending applications stand disposed of." 9. This Court thus finds that vide the aforementioned order dated 03.01.2023, the complete issue already stood decided, and therefore, nothing now survives therein. 10. Consequently, the present application fails and the same is hereby dismissed.