Kartik Parmar vs State & Anr on 24 January, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 265 / 2018
Kartik Parmar S/o Ashok Kumar, Aged About 28 Years, By Caste
Kumhar, R/o Rajasthan Housing Board Colony, Sirohi, District
Sirohi.

—-Petitioner
Versus

1. The State of Rajasthan

2. Smt. Saroj W/o Kartik Pamar D/o Kishan Lal Tak, Aged About
25 Years, Prajapat Bas, Janapur, Tehsil Pindwara, District
Sirohi.

—-Respondents
__
For Petitioner(s) : Mr. Surendra Surana
For Respondent(s) : Mr. Ashok Upadhyaya, pp

For respondent No.2 : Mr. Shambhoo Singh

__
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/01/2018

This criminal misc. petition has been filed under Section 482

Cr.P.C. for quashing of FIR No.59/2017, Police Station Mahila

Thana, District Udaipur pertaining to offence under Sections 498A,

406 IPC.

Counsel for the petitioner submits that the petitioner and the

complainant are husband and wife. They have entered into a

compromise and decided to part their ways by taking divorce by

mutual consent. In this regard a petition under Section 13(B) of

Hindu Marriage Act for divorce by mutual consent has also been

filed before the Family Court. It is further submitted that the copy

of the compromise was also submitted before the Investigating
(2 of 2)
[CRLMP-265/2018]

Officer. But he has not filed negative final report and wanted to

file charge-sheet against the petitioner for offence under Section

498A IPC. Therefore, in view of the compromise arrived at

between the parties, the impugned FIR may be quashed and set

aside.

Learned counsel for respondent No.2 does not dispute the

aforesaid proposition.

Having considered the facts and circumstances of the case,

since the petitioner and complainant have arrived at compromise

and decided to part their ways by taking divorce by mutual

consent and in the view of the law laid down by the Hon’ble Apex

court in the case of B.S. Joshi Vs. State of Haryana, reported in

2003 (4) SCC p.675 in which it has been held that the proceedings

under Section 498A IPC can be quashed because it is the

matrimonial matter, the impugned FIR is liable to be set aside.

Accordingly, the impugned FIR No.59/2017, Police Station

Mahila Thana, District Udaipur for offence under Section 498A,

406 IPC is hereby set aside on the basis of the aforesaid

compromise.

The criminal misc. petition are disposed of accordingly.

(MANOJ KUMAR GARG)J.

MS/-99

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