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Manohar Lal & Ors vs State & Anr on 2 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Application Criminal No. 472 / 2017
In
S.B. Criminal Misc(Pet.) No. 1167/2013
1. Manohar Lal s/o Shri Sonaram, aged about 27 years, b/c Mali,

r/o Badi Chokari, Solankiya Ki Dhani, Tehsil Bhopalgarh, District

Jodhpur.

2. Sonaram s/o Shri Baluram aged about 51 years, b/c Mali, r/o

Badi Chokari, Solankiya Ki Dhani, Tehsil Bhopalgarh, District

Jodhpur.

3. Kamla w/o Shri Sonaram, aged about 49 years, b/c Mali, r/o

Badi Chokari, Solankiya Ki Dhani, Tehsil Bhopalgarh, District

Jodhpur.

4. Jai Prakash s/o Shri Sonaram, aged about 31 years, b/c Mali,

r/o Badi Chokari, Solankiya Ki Dhani, Tehsil Bhopalgarh, District

Jodhpur.

5. Lila w/o Shri Jai Prakash, aged about 27 years, b/c Mali, r/o

Badi Chokari, Solankiya Ki Dhani, Tehsil Bhopalgarh, District

Jodhpur.

6. Ramlal s/o Shri Pukharam, aged about 53 years, b/c Mali, r/o

Harsolav, Merta, District Nagaur.

—-Petitioner

Versus

1. State of Rajasthan through Public Prosecutor.

2. Premlata w/o Shri Manohar Lal d/o Shri Choturam, aged about

25 years, r/o at present J.K.Road, Gotan, Tehsil Merta, District

Nagaur.

—-Respondent

__

For Petitioner(s) :Mr. Sumer Singh
(2 of 3)
[APPLR-472/2017]

For Respondent(s) : Mr. VS Rajpurohit, PP

__

HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
02/01/2018

The parties present in the Court have submitted an

application for compromising and settling all their disputes along

with a customary Talaknama. The complainant respondent no.2

Smt. Premlata and the petitioner Manohar Lal present in the Court

agree that they shall be bound by the terms of the compromise.

In this view of the matter, the parties are directed to file

requisite applications in the Courts concerned for terminating the

proceedings filed for seeking maintenance as well as for seeking

divorce by mutual consent within a period of seven days from

today. Upon such applications being moved, the applications filed

by the respondent Smt. Premlata claiming maintenance from the

petitioner Manohar Lal shall stand dismissed by way of the

compromise. Upon an application for divorce by mutual consent

being moved, the concerned Family Court Merta shall forthwith

convert the proceedings to those under Section 13B of the Hindu

Marriage Act and shall post the matter to a suitable date in the

month of April, 2018. The petitioner Manohar Lal shall pay one

time lump sum amount of Rs. 6 lacs referred to in compromise

application to the respondent Smt. Premlata by that date

whereupon the Judge, Family Court shall pass the requisite order

dissolving marriage of the parties.
(3 of 3)
[APPLR-472/2017]

Thus, the instant misc. petition is allowed. All further

proceedings sought to be taken against the petitioners in

furtherance of the F.I.R. No. 91/2013 P.S. Gotan for the offences

under Sections 498A, 406 and 379 IPC lodged at the instance of

respondent no. 2 are quashed. Needless to say that in case, the

petitioner Manohar Lal does not abide by the conditions of

Talaknama presented before this Court, the respondent shall be

entitled to revive all the proceedings which have been terminated

under this order.

(SANDEEP MEHTA), J.

/sushil/

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