DEVRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioners have preferred this misc. petition under Section 482 Cr.RC. for quashment of entire proceedings in Criminal Regular Case No. 516/2001 (State of Rajasthan v. Devraj Singh and Ors.) pending before Chief Judicial Magistrate. Udaipur (for short, 'learned trial Court').

(2.) Succinctly stated the facts of the case are that first petitioner-Devraj Singh entered into matrimony with the respondent-complainant on 06.03.1994 at village Kotharia, Nathdwara, District Rajsamand. The marital bliss between spouses was short lived and in the month of August 1996, some acrimony/sense of discord developed between the spouses. Eventually the complainant left the matrimonial home on 12.12.1996 and later on lodged FIR against the petitioners castigating them for offences punishable under Section 498A and 406 I.P.C. Upon conclusion of the investigation, police submitted charge-sheet and the proceedings in the matter are pending before the learned trial Court. In the interregnum, some developments have taken place having ramification on the pending criminal case. As a matter of fact the dispute between first petitioner and the respondent-Complainant also culminated into a petition for dissolution of marriage inasmuch as the first petitioner filed a petition under Section 13 of the Hindu Marriage Act, 1995 before Family Court, Gwalior. Precisely, the first petitioner has taken shelter to two grounds for dissolution of marriage namely mental and physically cruelty by the respondent-complainant and desertion. The learned family Court, upon conclusion of the trial, decided both the issues in favour of first petitioner and against the respondent-complainant and by its judgment and decree dated 31.08.2009 annulled the marriage.

(3.) Being aggrieved by the verdict of the learned Family Court, Gwalior, respondent-complainant filed an appeal before the High Court of Madhya Pradesh, Bench at Gwalior, Division Bench of the High Court of Madhya Pradesh, Bench at Gwalior, by its judgment dated 24.10.2013, affirmed the judgment and decree passed by the learned family Court and directed first petitioner-husband to pay permanent alimony to the tune of Rs. 15 lacs (Rupees Fifteen Lacs Only) as full and final payment to the respondent-complainant in four equal instalments within a span of one year. It appears that feeling dismayed with the quantum of permanent alimony determined by the Division Bench of High Court of Madhya Pradesh, first petitioner approached the Supreme Court but his that effort proved abortive and the S.L.P. was dismissed. After dismissal of the S.L.P the entire amount of permanent alimony was paid by the first petitioner to the respondent-complainant in four instalments. The first petitioner paid a sum of Rs. 2,50,000/- (Rupees Two Lacs Fifty Thousand Only) on 01.05.2014 followed by amount of same denomination on 19.09.2014. Later on, on 19.03.2015 Rs. 7 lac (Rupees Seven Lacs Only) was paid and lastly, on 06.05.2015 the remaining amount of Rs. 3 lac (Rupees Three Lacs Only) was paid. As much, the entire amount of permanent alimony has been paid to the respondent-complainant.