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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