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Priya Bhati vs Mahendra Kumar on 11 July, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Misc. Appeal No. 233/2015

Priya Bhati

—-Appellant
Versus
Mahendra Kumar

—-Respondent
Connected With
D.B. Civil Misc. Appeal No. 1945/2014
Priya Bhati

—-Appellant
Versus
Mahendra Kumar

—-Respondent

For Appellant(s) : Ms.Priya Bhati, present in person
Mr.Ram Kumar, Father of the
appellant present in person.

For Respondent(s) : Mr.Manish Shisodia
Mr.Mahendra Kumar, present in
person

HON’BLE THE CHIEF JUSTICE MR. PRADEEP NANDRAJOG
HON’BLE MR. JUSTICE DINESH MEHTA

Order

11/07/2018

1. On 12.04.2018 following order was passed:-

“1. The appellant is present in Court along with
her father Ram Kumar. With the intervention of the
Court in which appellant and Ram Kumar
participated it was agreed that the decree for
divorce obtained by the respondent would be
affirmed and the appellant would withdraw the
appeals upon the respondent paying to the appellant
by way of permanent alimony and maintenance of
Master Rajveer a sum of ₹10,00,000/- and
simultaneously the appellant shall cooperate in
(2 of 3) [CMA-233/2015]

quashing proceedings emanating from FIR
No.74/2009, Police Station Nagaur for offences
punishable under Sections 498A/406 IPC read with
Section 4 of the Dowry Prohibition Act. FIR
No.511/2009, Police Station Nagaur for offences
punishable under Sections 420/467/468/421 and
120 IPC. The Criminal Revision Petition No.54/2014
and the complaint made by her before the Chief
Judicial Magistrate, Nagaur for an offence punishable
under Section 498A IPC. The respondent shall
withdraw Criminal Revision No.49/2014 and shall
cooperate in quashing of the proceedings concerning
FIR No.103/2010, Police Station Nagaur. It is also
agreed that the sum of ₹10,00,000/- would satisfy
future maintenance awarded under Section 125
Cr.P.C. but till the payment is made amount payable
as per order dated 21.06.2017 under Section 125
Cr.P.C. shall be paid by the respondent to the
appellant.

2. On the next date of hearing the sum of
₹10,00,000/- and amount payable to the respondent
towards arrears of maintenance awarded under
Section 125 Cr.P.C. shall be brought in Court.

3. List on 11th July, 2018.”

2. Today Mahendra Kumar has handed over a cheque in sum of

₹11,75,000 (Eleven Lacs Seventy Five Thousand Only) issued in

favour of Priya Bhati drawn on Nagaur Urban Co-OP. Bank Ltd.,

M.Jetha Market Branch, Nagaur-341001 (Rajasthan). The cheque

bears No.061092. Pass book produced by Mahendra Kumar shows

₹14,00,000 (Fourteen Lacs Only) to his credit in the said amount.

Mahendra Kumar assures that the cheque would be honoured.

3. In that view of the matter the two appeals are disposed of as

withdrawn.

4. Needless to state if the cheque in question is dishonoured,

on an application filed by the appellant the two appeals would be

liable to be revived. Further, the appellant shall cooperate with

Mahendra Kumar in filing joint application for quashing of the two

FIRs and proceedings referred to in the order dated 12.04.2018

and similarly she would withdraw the Criminal Revision Petition
(3 of 3) [CMA-233/2015]

No.54/2014 and the complaint made by her before the Chief

Judicial Magistrate, Nagaur. The respondent shall withdraw

Criminal Revision Petition No.49/2014 and shall cooperate with the

appellant for quashing of FIR No.103/2010, Police Station Nagaur

and proceedings amenity therefrom.

5. ₹11,75,000 (Eleven Lacs Seventy Five Thousand Only) would

satisfy the maintenance awarded to the appellant under Section

125 Cr.P.C. for future as well.

(DINESH MEHTA),J (PRADEEP NANDRAJOG),CJ

Kshama Dixit/70-71

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