Vijit Murarka @APPELLANT@Hash Smt. Sheetal Kejriwal

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.

With the intervention of the court the parties have settled their disputes and agreed to the marriage to be annuled on 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.

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.

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.

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.

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 Nos.4588/2018, 4589/2018, 4590/2018, 1292/2016 and S.B. Criminal Revision Petition No.94/2016.

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.

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.

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.

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.

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 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.