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Smt Sheetal vs Vijeet Murarka on 19 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No.2654/2017

Vijit Murarka S/o late Shri R.P. Murarka, J-133, Aravali Kunj
Apartment, Rohini, Sector-13, Delhi
—-Appellant
Versus
Smt. Sheetal Kejriwal W/o Shri Vijit Murarka D/o Shri Om
Prakash Agrawal, Ward No. 42, Anand Nagar, Sikar, Rajasthan
—-Respondent

S.B. CRIMINAL MISC. PETITION NO. 4588/2018

Vijit Murarka S/o Lt. Sh. Rajendra Prasad Murarka, aged 34
years R/o Flat No.J-134, Arawali Kunj Apartment, Sector 13,
Rohini, Police Station K.N. Katooj Marg, Delhi- 85.

Accused-Petitioner
VERSUS

1. The State of Rajasthan

–Non- petitioner

2. Smt. Sheetal Wife of Vijit Kumar D/o Shri Om Prakash
Agarwal, aged 31 years, by caste Mahajan Agarwal. At present
R/o Ward No. 42, Anand Nagar, Sikar.

—-Complainant non-petitioner

S.B. CRIMINAL MISC. PETITION NO. 4589/2018

Smt. Manju alias Manjulata Murarka W/o Lt. Sh. Rajendra Prasad
Murarka, aged 61 years R/o Flat No.J-133, Arawali Kunj
Apartment, Sector 13, Rohini, Delhi-85.

Accused-petitioner

VERSUS

1. The State of Rajasthan

–Non- petitioner

2. Smt. Sheetal Wife of Vijit Kumar D/o Shri Om Prakash
Agarwal, aged 31 years, by caste Mahajan Agarwal. At present
R/o Ward No. 42, Anand Nagar, Sikar.

—-Complainant non-petitioner
(2 of 6) [CMA-2654/2017]

S.B. CRIMINAL MISC. PETITION NO. 4590/2018

1. Vivek Murarka S/o Lt. Sh. Rajendra Prasad Murarka, aged
40 years,

2. Smt. Ritu Murarka Wife of Shri Vivek Murarka, aged about
39 years,

Both resident of Flat No. J-133, Aravali Kunj Apartment, Sector-
13, Rohini, Delhi-85.

—–Accused-petitioners

Versus

1. The State of Rajasthan

—Non- petitioner

2. Smt. Sheetal Wife of Vijit Kumar D/o Shri Om Prakash
Agarwal, aged 31 years, by caste Mahajan Agarwal. At present
R/o Ward No. 42, Anand Nagar, Sikar.

S.B. CRIMINAL MISC. PETITION NO. 1292/2016

1. Smt. Manju W/o Lt. Rajendra Prasad Murarka

2. Vivek Son of Late Rajendra Prasad Murarka

3. Smt. Reetu Wife of Vivek Murarka

All resident of 133-134, “Arvali Apartment” Sector- 13, Rohani
(Delhi)

4. Smt. Vijeta W/o Nikhil by Caste Agarwal Mahajan

5. Nikhil Son of Shakti Kumar by caste Agarwal Mahajan

Both R/o B-13, Seema Apartment, Sector-11, plot no. 7,
Dwarka, Delhi-110075

Accused-Petitioners

VERSUS

Smt. Sheetal Wife of Vijit kumar, aged 31 years, by caste
Mahajan Agarwal. At present R/o Ward no. 42, Anand Nagar,
Sikar.

—-Complainant non- petitioner
(3 of 6) [CMA-2654/2017]

S.B. CRIMINAL REVISION PETITION NO. 94/2016

Smt. Sheetal Wife of Shri Vijeet Kumar, aged about 33 years, by
caste Mahajan (Agarwal), R/o Ward No. 42, Anand Nagar, Sikar
(Raj.)

—-Applicant/Petitioner
Versus

Vijeet Murarka Son of late Shri Rajendra Murarka, Resident of J-
133- 134, Aravali Apartment, Sector-13, Rohini (Delhi)

—Non-Applicant/ Respondent

For Appellant(s) : Mr.Rinesh Gupta
Mr.Vijit Murarka, the appellant
present in person
For Respondent(s) : Mr.R.K. Agrawal, Senior Advocate with
Ms.Sunita Pareek and
Mr.Pranjul Chopra
Smt. Sheetal Kejriwal, the respondent
present in person

HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE G R MOOLCHANDANI

Judgment

19/09/2018

1. The appellant of D.B. Civil Misc.Appeal No.2654/2017 :

Vijit Murarka was married to Sheetal Kerjiwal the respondent in

the appeal on 06/05/2011 as per Hindu custom. Unfortunately,

there has been a lot of bitterness between the couple. The

appellant and his family members are facing trial in various courts

on complaint lodged by the respondent. Collateral proceedings are

pending. The appellant is aggrieved by the judgment dated

06/04/2017 dismissing petition filed by him seeking divorce on

ground of cruelty.

2. With the intervention of the court the parties have

settled their disputes and agreed to the marriage to be annuled on
(4 of 6) [CMA-2654/2017]

mutual consent. The appellant had assured to pay the respondent

₹85,00,000/- in full and final settlement of her claims towards

dowry, permanent alimony etc.

3. Today, three banker cheques in sum of ₹10,00,000/-

each have been handed over by the appellant to the respondent

who appears in person along with her father Mr. Om Prakash. The

appellant has also handed over a cheque in sum of ₹55,00,000/-

to the respondent and assures that the cheque would be

honoured.

4. Learned counsel for the parties make an oral

application under Section 13B of the Hindu Marriage Act, 1955

praying that the marriage may be annuled on account of the fact

that the parties are not able to live together and evidenced by the

petition seeking decree of divorce filed by the appellant in the year

2013, the parties are not residing together since a year prior to

the filing of the divorce petition and thus there is a material to

hold that the two are living separately for more than one year.

Learned counsel for the parties also jointly make an oral

application under Section 13(B)(2) of the Hindu Marriage Act,

1955 praying that the six months period between the first and

second motion may be waived.

5. In view of the bitter relationship between the parties

we accept the oral applications and pass a decree of divorce by

consent annuling the marriage between the parties solemnised on

06/05/2011.

6. Since it is a term of the compromise between the

parties that all proceedings inter-se the parties shall be closed, we

have called the records of S.B. Criminal Misc.Petition
(5 of 6) [CMA-2654/2017]

Nos.4588/2018, 4589/2018, 4590/2018, 1292/2016 and S.B.

Criminal Revision Petition No.94/2016.

7. In S.B. Criminal Misc.Petition Nos.4588/2018,

4589/2018 and 4590/2018 filed by the appellant, his brother, his

brother’s wife and his mother quashing of the charge framed

against them by the learned Chief Judicial Magistrate, Sikar in FIR

No.79/2013 registered at PS Mahila Thana, District Sikar for

offences punishable under Sections 498A and 406 IPC has been

prayed for.

8. In view of the settlement between the couple, these

three criminal misc.petitions i.e. S.B. Criminal Misc.Petition

Nos.4588/2018, 4589/2018 and 4590/2018 are allowed. The

charge framed against the petitioners in the said petitions is

quashed and so is FIR No.79/2013 registered at PS Mahila Thana,

District Sikar.

9. We also allow S.B. Criminal Misc.Petition No.1292/2016

filed by the mother, brother, his wife and relatives of the appellant

seeking quashing of Complaint No.409/2013 filed by the

respondent under the Protection of Women from Domestic

Violence Act, 2005 pending before the Additional Chief Judicial

Magistrate, Sikar.

10. We dismiss as withdrawn S.B. Criminal Revision Petition

No.94/2016 filed by the respondent seeking maintenance to be

awarded under Section 125 Cr.P.C., noting that vide order dated

15/11/2014 low maintenance has been awarded to her.

11. Without giving particulars, learned counsel for the

parties state that a complaint lodged by the respondent resulting

in FIR registered in Rajasthan, since being transferred to P.S. K.N.

Katju Marg, Delhi, be also quashed. Since particulars of said FIR
(6 of 6) [CMA-2654/2017]

are not available we declare that the said FIR registered post

transferred to P.S. K.N. Katju Marg, Delhi shall also be quashed

and if required by law the parties shall cooperate in quashing of

the said FIR by fling appropriate petition.

(G R MOOLCHANDANI),J (PRADEEP NANDRAJOG),CJ

Anil/56, 1-5 supp.

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