Rajasthan High Court
Ashish Vivek Arora And Anr vs State Of Raj And Anr on 10 November, 2021
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2882/2018
1. Ashish Vivek Arora S/o Late Shri Vivek Arora, R/o B-209,
Shiv Chaya Co Operative Housing Society, Diwanman
Navyognagar, Vasai Road West, Thane 401202.
2. Smt. Manju Arora W/o Late Shri Vivek Arora, R/o B-209,
Shiv Chaya Co Operative Housing Society, Diwanman
Navyognagar, Vasai Road West, Thane 401202.
----Petitioners
Versus
1. State Of Rajasthan Through Pp.
2. Smt. Surabhi Arora, Ex Wife Of Ashish Vivek Arora, D/o
Rajiv Kumar Burman, R/o Re-Generation, Burman
Building, Pai Bagh, Opp. Model School, Bharatpur 321001.
----Respondents
For Petitioner(s) : Mr. Puran Mal Sharma
For Complainant(s) : Mr. Mohammad Aslam
For State : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
10/11/2021
1. Petitioners have preferred this Misc. Petition under Section
482 Cr.P.C. for quashing of criminal proceedings pending before
the Judicial Magistrate No. 1, Bharatpur (Rajasthan) in Criminal
Case No. 89/2014 "State Vs. Ashish Arora & Ors" relating to FIR
No. 26/2012.
2. It is contended by counsel for the petitioners that amicable
settlement was arrived at between the parties and parties have
already obtained a decree of divorce in the year 2016. It is also
contended that, as per the compromise, parties were to withdraw
(2 of 3) [CRLMP-2882/2018]
the criminal cases lodged by them. Petitioner(s) have withdrawn
the criminal cases which were filed by him, but the respondent-
complainant has not withdrawn the present criminal case bearing
No. 89/2014. It is further contended that the FD was drawn in the
name of the respondent and was kept with the Trial Court, as per
the directions of the High Court given in Criminal Misc. Bail
Application No. 8606/2012 dated 09.09.2013. It is also contended
that petitioners have not withdrawn criminal proceedings and
petitioners are being forced to attend the dates.
4. Counsel for the petitioners contends that Petitioner(s) should
be provided interest on the fixed deposit which was deposited with
the concerned Court.
5. Counsel for the complainant has not disputed the fact that
parties have entered into a compromise and the divorce by mutual
consent took place in the year 2016. It is also contended that
Petitioner(s) himself have obtained an ex parte order dated
28.05.2018 vide which further proceedings pending in the Court
below was stayed by the High Court. Complainant moved an
application for vacation of stay order so that amount which was
deposited in fixed deposit could be received.
6. I have considered the contentions.
7. In view of the fact that parties have amicably settled their
dispute and have now obtained decree of divorce under Section
13-B of Hindu Marriage Act, the only dispute which is subsisting
between the parties is a criminal case no. 89/2014 pending before
Judicial Magistrate No. 1, Bharatpur arising out of FIR No. 26/2012
and due to the pendency of this criminal case, the FD has not
been paid to the complainant, hence, I deem it proper to quash
the proceedings pending in Criminal Case No. 89/2014 with a
(3 of 3) [CRLMP-2882/2018]
direction to the Judicial Magistrate No. 1, Bharatput to handover
the FD and the interest thereon to the complainant-respondent. I
am not inclined to award any interest to the Petitioner(s).
8. This Criminal Misc. Petition is accordingly, allowed. Criminal
proceedings pending before the Judicial Magistrate No. 1,
Bharatpur (Rajasthan) in Criminal Case No. 89/2014 "State Vs.
Ashish Arora & Ors" relating to FIR No. 26/2012 is quashed and
set aside.
9. All pending interim applications stand disposed.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /137
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