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Anurag Srivastav And Anr vs State Of Raj And Anr on 12 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 6093 / 2017
Anurag Srivastav And Anr
—-Petitioner
Versus
State Of Raj And Anr
—-Respondent

__
For Petitioner(s) : Dr. Sohan Lal Sharma
For Respondent(s) : Mr. Dharmendra Kumar Srivastava
Mr. NS Dhakad PP
__
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Judgment / Order
12/12/2017

The present petition has been filed under Section 482

Cr.P.C., seeking quashing of FIR No. 424/2015 registered at Police

Station Mahila Thana, Kota City, Kota for offences under Sections

498A and 406 IPC.

Briefly stated, Ms. Anuradha Srivastava on 19.11.2013

according to Hindu customs and rites, was married with accused

petitioner no.1 Anurag Srivastava. During subsistence of marriage,

dispute arose which led complainant aggrieved wife to lodge the

impugned FIR. During the pendency of the proceedings better

sense prevailed upon the parties and due to intervention of the

respectables, amicable settlement was arrived at. The compromise

/ settlement has been annexed with the present petition as

Annexure-2.

As per the said settlement, Rs. 7 Lakhs were to be paid
(2 of 3)
[CRLMP-6093/2017]

to the respondent aggrieved wife. It is stated by Ms. Anuradha

Srivastava that she has already received Rs.3.50 Lakhs of the

total amount and rest of the amount is to be paid on quashing of

FIR and grant of divorce.

The compromise arrived at between the parties was

presented before the trial court and the trial court on 23.10.2017,

verified the compromise and thereafter had acquitted the accused

respondent of offence under Section 406 IPC. However, the

compromise was rejected qua offence under Section 498A IPC on

the ground that same is non-congizable. The order dated

23.10.2017 passed by the trial court reads as under:-

“vkns’k fnukad 23-10-2017

,ihih mifLFkrA vuqjkx JhokLro] v’kksd dqekj e; odhy mifLFkrA Qfj;knh

vuqjk/kk JhokLro e; vf/koDrk mifLFkrA blh Lvst ij Qfj;knh vf/koDrkx.k

mifLFkr gksdj izkFkZuk i ckcr~ fn;s tkus btktr ,oa rLnhd ,oa fd;s tkus

jkthukek /kkjk 498,] 406 vkbZihlh dk is’k fd;kA voyksdu fd;k tkdj 498,

vkbZihlh esa jkthukek ;ksX; ugha gksus ij vuqefr iznku ugha dhA /kkjk 406 vkbZihlh

esa jkthukek dh vuqefr iznku dh xbZA Qfjoknh ds vf/koDrk /keZsUnz dqekj JhokLro

o vfHk;qDrx.k ds vf/koDrk lksguyky ‘kekZ }kjk f’kuk[r fd;kA jkthukek

mHk;i{kdkjksa dks lquk;k o lek;k x;k] lgh gksuk Lohdkj fd;k x;kA

jkthukek /kkjk 406 vkbZihlh esa i`Fkd~ ls rLnhd fd;k x;kA jkthukek ds vk/kkj ij

vfHk;qDrx.k dks /kkjk 406 vkbZihlh esa nks”keqDr fd;k tkrk gSA

vfHk;qDrx.k us /kkjk 498, HkkŒnaŒlaŒ dk fuokj.k ‘ks”k gksus ij vfHk;qDrx.k us /kkjk

498, vkbZihlh dk vkjksi i`Fkd~ ls fojfpr dj lquk;k o lek;k x;kA vfHk;qDrx.k

us vkjksi ls badkj dj vUoh{kk pkghA xokg 1 o 2 ryc fd;k tkosA ikoyh lk{;

vfHk;kstu esa fnukad 16-12-17 dks is’k gksA”

Ms. Anuradha Srivastava who is present in the court

has been identified by her counsel Mr. Dharmendra Kumar
(3 of 3)
[CRLMP-6093/2017]

Srivastava. The complainant aggrieved wife has agreed to

quashing of impugned FIR along with all subsequent proceedings.

The learned counsel for the parties have jointly relied

upon B.S. Joshi Ors. vs. State of Haryana Anr., 2003

Cri.L.J. 2028, to contend that this Court while exercising

jurisdiction under Section 482 Cr.P.C. in furtherance of interest of

justice in matrimonial dispute may bring families at peace by

quashing FIR.

On the prayer made by the learned counsel for the

parties, in view of the judgment in the case of B.S. Joshi (supra),

relied by the parties, the present petition is accepted and

impugned FIR along with all its subsequent proceedings is

quashed.

(KANWALJIT SINGH AHLUWALIA)J.

Mak/-

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