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Madhubala Bairwa vs State Of Raj And Anr on 15 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 6426 / 2017
Madhubala Bairwa W/o Shri Laxmi Narain Bairwa B/c Bairwa, Aged
About 60 Years, R/o House No.63, Krishana Sarovar, Near ISKON
Temple, Mansarovar, Jaipur, Raj.
—-Petitioner
Versus
1. State of Rajasthan Through PP.

2. Pinky Bairwa W/o Lt. Shri Rajkumar Bairwa B/c Bairwa, Aged
About 33 Years, R/o C-96, Bajaj Nagar, Jaipur, Raj.
—-Respondents

__
For Petitioner(s) : Mr. Anil Kumar Tailor
For Respondent(s) : Mr. NS Dhakad PP
Mr. A.N. Khan for the respondent no.2
__
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
15/12/2017

The present petition has been filed under Section 482

Cr.P.C, seeking quashing of FIR No.117/2013 registered at Police

Station Mahila Thana (East), Jaipur, for the offences under

Sections 406 and 498A IPC.

Respondent no.2 Pinky Bairwa was married with Raj

Kumar Bairwa. It is stated that Raj Kumar Bairwa died and dispute

arose as to who is entitled to apply for compassionate

appointment. It is submitted by the counsel for the petitioner that

due to differences, respondent no.2, widow of son of petitioner,

had filed impugned FIR No.117/2013 for the offences under

Sections 406 and 498A IPC against the family members of her

husband.

(2 of 3)
[CRLMP-6426/2017]

It is submitted that during the pendency of litigation,

better sense prevailed and parties have effected compromise

Annexure-1. It is further submitted that in pursuance of the said

compromise Annexure-1, an application was filed before the Court

of Judicial Magistrate, Phagi, District Jaipur and the said court vide

order dated 12.10.2017, accepted the said compromise qua

offence under Section 406 IPC as the same is compoundable,

however, the court rejected the compromise qua offence under

Section 498A IPC on the ground that the same is non-

compoundable.

The order passed by the Judicial Magistrate, Phagi,

District Jaipur on 12.10.2017 reads as under:-

APP mi0 vfHk;qDr e/kqckyk o ifjokfn;k fiadh e; vf/koDrk
ds mifLFkr gksdj izdj.k esa /kkjk 406 CrPC ds fulrkj.k ds
ckcr~ vuqefr i`Fkd ls jkthukek is’k fd;kA tks jkthukek
mHk; i{k rgjhj fd;k gSA mDr vfHk;qDr dks izdj.k dh /kkjk
406 CrPC ds vijk/k esa oklrs jkthukek nks”k eqDr fd;k
tkrk gSA mDr izdj.k esa vfHk;qDr ds fo:) ‘ks”k /kkjk 498,
IPC ds vijk/k esa djuhA fygktk ‘ks”k xokg eksfgr
eksfgr o Jhefr ‘kkfUrnsoh ds B/W 1000/- ls ryc dj
ikoyh lk{; vfHk;kstu gsrq fnukad 28-10-2017 dks is’k gksA
Today, respondent no.2 Pinky Bairwa is present in the

court. She has been identified by her counsel Mr. A.N. Khan. She

prayed to this court that the impugned FIR be quashed in order to

promote ever lasting peace, amity and harmony between the

parties.

The learned counsel for the parties have jointly relied
(3 of 3)
[CRLMP-6426/2017]

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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