Hitender Tholia vs State Of Rajasthan
2022 Latest Caselaw 2102 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 555/2022

Hitender Tholia S/o Indra Ram Tholia, Aged About 43 Years, B/c Jat, R/o Village Dudholi, Teh. Didwana, Dist. Nagor Presently Residing At 396 (Wrongly Written 398), And Nuevo Avenue, Apt 213, Sunnyvale, Ca- 94085-1615 California, Usa.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Santosh Kumari Tholia W/o Hitender Tholia D/o Ghamandaram, B/c Jat, R/o Dudholi, Teh. Didwana, Dist. Nagor, Presently Residing At 61, Aadarsh Nagar, Magra Punjala, Lal Sagar, Ps Mandor, Jodhpur.

----Respondents

For Petitioner(s) : Mr. RDSS Kharlia (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. R.S. Choudhary for complainant (through VC)

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/02/2022

Pursuant to the direction given by this Court on 04.02.2022,

the matter was placed before the Mediation Center of this Court

for mediation on 05.02.2022 and this Court is in receipt of the

mediation report dated 05.02.2022 from the Mediation Center of

this Court, which reads as under:-

"Both the parties along with their respective lawyers. Both the parties entered in to an amicable settlement which is as under:-

1. Husband Hitender Tholia shall pay an amount of Rs. 22 Lakh (22,00,000) for the maintenance on the date of the filing of application under Section 13-B. This is the full & final settlement. She will not claim any other maintenance from

(2 of 2) [CRLMP-555/2022]

her husband. The amount paid on 31.01.2022 in the form of DD shall be excluded from the above mentioned amount.

2. the parties shall withdraw each & every matter pending into any Court against each other/shall get the matter resolved amicably accordingly./ as per the agreement. Thus the file is referred back to the Hon'ble Court for further orders. The girl was present online and she has consented to agreement and she has authorize to her father sign to agreement."

The mediation report has been signed by the petitioner and

the father of the respondent No.2.

Today, the matter is taken up at 10:30 AM.

Learned counsel for the petitioner Mr. RDSS Kharlia has

submitted that the petitioner communicated him through e-mail

wherein, petitioner has stated that he is withdrawing his

expressed consent given in the mediation proceedings before the

Mediation Center of this Court on 05.02.2022 and indicated certain

reason for the same.

Learned counsel Mr. RDSS Kharlia has submitted that since

the petitioner is withdrawing his expressed consent from

mediation proceedings held on 05.02.2022, the matter may be

heard on merit.

Learned counsel for the respondent seeks some time to file

reply to this criminal misc. petition. Time prayed for is granted.

List the matter on 09.02.2022.

(VIJAY BISHNOI),J 131-Arun/-

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