Smt. Sandhya Choudhary vs Shri Ramvishal Choudhary
2021 Latest Caselaw 5295 MP

                                                         1                          MCRC-12198-2021
                               The High Court Of Madhya Pradesh
                                            Lok Adalat
                                         MCRC-12198-2021
                               (SMT. SANDHYA CHOUDHARY Vs SHRI RAMVISHAL CHOUDHARY AND OTHERS)

                      2
                      Jabalpur, Dated : 11-09-2021
                             Heard through Video Conferencing.
                             Shri S.K. Karan, learned counsel for the petitioner.
                             Shri Abhay Jain, learned counsel for respondents.

Petitioner has filed this petition for quashing of criminal case in which

husband i.e. respondent No.3 is found guilty and sentenced imprisonment of 1 year 6 months and fine of Rs.1,000/-. It is submitted by the petitioner that against said judgment and sentence, appeal is filed which is pending for consideration before Appellate Court Sihora in Criminal Appeal No.08/19 (Ram Vishal Vs. State of M.P.).

Petitioner is present in person before this Court. She submitted that petition for divorce by mutual consent under Section 13(B) is filed before Family Court in which preliminary statements of complainant as well as Respondent have been recorded and she had also received a part of money

which has been agreed upon in the compromise. It is submitted that she has no objection if judgment passed by criminal Court is quashed. It is further submitted that case is listed before Family Court on 17/09/2021 and on this date, rest of the conditions will be fulfilled and if judgment of criminal Court is quashed then she will be able to get divorce by mutual consent. Surendra/respondent No.3 also does not have any objection and give his consent to decide the matter as per compromise.

Considering the aforesaid facts and circumstances of the case, petition filed under Section 482 read with Section 320(5) of Cr.P.C. is allowed in the interest of justice.

Judgment dated 08/01/2019 passed by JMFC, Sihora, District Jabalpur in Criminal Case No.1105/12 is quashed.

Signature
 SAN      Not
Verified                     M.Cr.C. is disposed of.
Digitally signed by
RASHMI RONALD
VICTOR
Date: 2021.09.14
16:43:14 IST
                                              2                  MCRC-12198-2021


                           (VISHAL DHAGAT)       (DEVENDRA KUMAR GANGRADE )
                                MEMBER                        MEMBER


                      RS




Signature
 SAN      Not
Verified

Digitally signed by
RASHMI RONALD
VICTOR
Date: 2021.09.14
16:43:14 IST