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/
