HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 1801/2018
Rajkumar Sharma S/o Shri Satish Kumar Sharma B/c Brahmin,
Aged About 39 Years, R/o Sarvodaya Vihar Colony, Police Station
Modak, Tehsil Ramganjmandi, District Kota, Raj.
—-Petitioner
Versus
1. State Of Rajasthan Through Pp.
2. Meena Kumari D/o Shri Murari Lal Ji B/c Brahmin, Aged
About 35 Years, R/o House No.1063, Gali No.03, Chopda
Farm, Dadwana, Kota Junction, Police Station Bheemganj
Mandi, Kota.
—-Respondents
For Petitioner(s) : Mr. Vikas Sharma
For Respondent(s) : Mr. N.S. Dhakar, PP for State
Mr. B.S. Kachhawa, for respondent
No.2
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
16/04/2018
Present petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.136/2012, registered at Police Station
Mahila Thana, Kota City, for offences under Sections 498A and 406
IPC.
Learned counsel for the petitioner contends that Meena
Kumari, complainant-respondent No.2, on 28.4.2009 was married
with petitioner Rajkumar Sharma as per Hindu rites and rituals.
Due to difference of opinion, Meena Kumar, respondent No.2-
aggrieved wife, was compelled to lodge the above said FIR. During
pendency of the proceedings better sense prevailed among the
parties and they amicably resolved the matrimonial dispute.
(2 of 2) [CRLMP-1801/2018]
Meena Kumari, complainant-respondent No.2, is present in
court.
Meena Kumari has stated that the petitioner husband has
agreed to pay a sum of Rs.10,00,000/- towards permanent
alimony, litigation expenses and cost.
Learned counsel for the parties have further submitted that a
Division Bench of this court has already granted divorce to the
parties on the basis of their consent. It is further submitted that
the trial court had accepted the compromise partially qua offence
under Section 406 IPC as the same was compoundable, but the
compromise was rejected under Section 498A Cr.P.C. being non-
compoundable.
Learned counsel for the parties have relied upon B.S. Joshi
Ors. v. State of Haryana, (2003) 4 SCC 675, to contend that
in matrimonial matters, to bring families at peace, this court while
invoking inherent powers under Section 482 Cr.P.C. can quash the
FIR and subsequent criminal proceedings.
Taking into account the submissions made by the learned
counsel for the parties and considering the fact that the dispute
has been resolved by the parties by way of compromise, the
petition is allowed and the impugned FIR alongwith all subsequent
proceedings qua the present petitioner is quashed.
(KANWALJIT SINGH AHLUWALIA),J
Govind/
