MANOJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition has been filed by the petitioners along with an application for earlier listing of the case on the ground that the matter has been compromised between the parties and in that behalf a copy of the compromise application (Annexure 1) dated 9.6.2004 which was filed before the learned trial Court has been filed before the Court.

(2.) IN the said compromise application (Annexure 1) dated 9.6.2004, the fact of compromise has been admitted by the parties and according to which the husband and the wife namely Manoj Kumar, the petitioner No. 1 and Smt. Naresh, the petitioner No. 3 have resolved their disputes on account of which they have submitted an application under Section 13B of the Hindu Marriage Act and have obtained a decree for dissolution of marriage dated 17.5.2006. It has been mentioned in the said application that wife Smt. Naresh has taken possession of all her Stridhan and nothing remains to be recovered from the petitioner -husband. It has also been mentioned that an amount of Rs. 3,25,000 has been paid as a permanent alimony to Smt. Naresh which she has received.

(3.) SINCE , the above application could not be entertained, in view of the provisions of Section 320, Cr.P.C. on account of the fact that the provisions of Sections 498 and 406, IPC were not applicable, the petitioners have moved this petition under Section 482, Cr.P.C.