HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
S.B. Criminal Misccellaneous (Petition) No. 6449 / 2017
Nirmit Raichandani S/o Shri Bharat Raichandani, R/o House
No.S.E.X- 29, Adipur, District Kutch, Thana Adipur, Gujarat.
1. State of Rajasthan Through PP.
2. Smt. Prerna Raichandani W/o Nirmit Raichandani, D/o Shri
Ashok Bhambhani B/c Sindhi, R/o 21/1, Bhrigu Path, Mansarovar,
For Petitioner(s) : Mr. Neeraj Sharma
For Respondent(s) : Mr. Giriraj Rajoria for the complainant
Mr. NS Dhakad PP
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
The present petition has been filed under Section 482
Cr.P.C. seeking quashing of FIR No. 161/2015 registered at Police
Station Mahila Thana (South), Jaipur for offences under Sections
498A and 406 IPC.
Respondent Prerna Raichandani on 5.2.2013 at Gujarat
was married with the petitioner Nirmit Raichandani as per Hindu
customs and rites. During subsistence of marriage, differences
arose and the respondent no.2 had lodged FIR No. 161/2015 at
Police Station Mahila Thana (South), Jaipur for offences under
proceedings, better sense prevailed and a compromise has been
effected between the parties to amicably resolve the dispute.
(2 of 3)
Respondent no.2 Prerna Raichandani who is present in
the court has been identified by her counsel Mr. Giriraj Rajoria.
Prerna Raichandani has stated that parties have
decided to file a divorce petition and her Stridhan including
jewellery has been returned to her and further stated that it has
been agreed that she will be paid Rs.Eight Lakhs towards
permanent alumni. She further stated that out of Eight Lakhs, she
has already been paid Rs. Six Lakhs. The complainant aggrieved
wife has agreed to quashing of impugned FIR along with all
The learned counsel for the petitioner has submitted
that the compromise effected between the parties was presented
before the trial court and the court of Metropolitan Magistrate,
No.18, Jaipur Metropolitan, on 28.10.2017 accepted the
compromise qua offence under Section 406 IPC as the same is
compoundable. However, the said court rejected the compromise
qua offence under Section 498A IPC on the ground that the same
The learned counsel for the parties have jointly relied
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
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
(3 of 3)
impugned FIR along with all its subsequent proceedings is
(KANWALJIT SINGH AHLUWALIA)J.