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Sunil Kumar vs State Of Rajasthan on 13 December, 2018


S.B. Criminal Misc(Pet.) No. 4407/2018

Sunil Kumar

State Of Rajasthan


For Petitioner(s) : Mr.Ashok Tiwari.

For Respondent(s) :




Learned counsel for the petitioner submits that in this

matter, the same parties i.e. petitioner and the respondent no.2

went up to the Hon’ble Supreme Court and the Hon’ble Supreme

Court in Special Leave Petition (Crl.) No.4346/2017, titled

as Sunil Kumar vs. Hemlata Kumawat Ors, and the Hon’ble

Supreme Court on 9.2.2018 passed the following order :-

“Leave granted.

Both the parties along with their learned counsel are
present in the Court. We are informed that the parties
have arrived atan amicable settlement. As per the terms of
settlement, the appellant has agreed to pay a sum of
Rs.31,00,000/- (Rupees Thirty One Lakhs only) as full and
final amount towards all the claims of respondent no. 1,
i.e. dowry articles, maintenance and permanent alimony
etc. It is also made clear that on payment of
Rs.31,00,000/- (Rupees Thirty One Lakhs only) no claim of
any nature whatsoever shall be maintainable by any party
against each other. This would also include the arrears of
maintenance. It is further agreed that this amount shall be
(2 of 3) [CRLMP-4407/2018]

paid by the appellant to the respondents in the following

a) A sum of Rs. 2 lakhs is paid by a bank draft which is
drawn in favour of respondent no.1/Hemlata Kumawat.

b) Another sum of Rs. 1 lakh shall be paid within two days.

c) A sum of Rs.7 lakhs which has been deposited by the
appellant in this Court shall be released to the respondents
immediately by the Registry of this Court along with the
interest which has accrued thereupon.

d) A sum of Rs.21,00,000/- (Rupees Twenty One Lakhs
only) shall be paid in four equal installments of
Rs.5,25,000/- (Rupees Five Lakhs Twenty Five Thousand)
after every two months i.e. first installment shall be paid
on or before 15th April,2018, second installment on or
before 15th June,2018, third installment on before 15th
August, 2018 and fourth installment on or before 15th
October, 2018.

e) Out of the aforesaid amount of Rs.31,00,000/- (Rupees
Thirty One Lakhs only), a sum of Rs. 11,00,000/- (Rupees
Eleven Lakhs only) shall go to respondent no. 1 and Rs.
10,00,000/- (Rupees Ten Lakhs only)each shall be
deposited in the account of respondent nos. 2 and 3 by
respondent no.1 as fixed deposit.

It is also agreed that the petitioner shall withdraw
the following proceedings:

1. 37/14 E.D. (Sunil vs. Hemlata)

2. 36/14 E.D. (Sunil vs. Hemlata)

3. 37/14 E.D. (Sunil vs. Hemlata)
It is also agreed that the respondent shall move an
appropriate application for quashing of the proceedings
arising out the FIR lodged against the petitioner by the
respondent under Sections 498A, 406, 323 IPC.

The appellant as well as respondent no. 1 have also
agreed for divorce by mutual consent which is pending
between the parties. As prayed by both the parties, this
petition is treated as a petition for divorce by mutual
consent under Section 13(1)(a) of the Hindu Marriage Act
and decree of divorce is granted accordingly.

Both the parties shall abide by the aforesaid terms
and act accordingly.

(3 of 3) [CRLMP-4407/2018]

The appeal is disposed of.”

Issue notice to the respondents returnable in four


In the meanwhile, further proceedings in Criminal Case

No.90/2012 pending in the Court of learned Judicial Magistrate,

First Class, Pali shall remain stayed.



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