HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6586 / 2017
1. Lokesh Sharma S/o Late Shri Laxmi Narayan Sharma B/c Sharma,
R/o House No.4440, KGB Ka Rasta, Johri Bazar, PS Mank Chowk, Jaipur,
Raj.
2. Sangeeta Sharma D/o Late Shri Laxmi Narayan Sharma B/c Sharma,
R/o House No.4440, KGB Ka Rasta, Johri Bazar, PS Mank Chowk, Jaipur,
Raj.
3. Smt. Chandra Kanta Sharma W/o Late Shri Laxmi Narayan Sharma
B/c Sharma, R/o House No.4440, KGB Ka Rasta, Johri Bazar, PS Mank
Chowk, Jaipur, Raj.
—-Petitioners
Versus
1. State of Rajasthan Through PP.
2. Priyanka Sharma W/o Shri Lokesh Sharma, D/o Shri Sukhdev Prasad
B/c Sharma, R/o A-505, Manglam Apartment Apartment, Takia Ki
Chowki, Kalwar Road, Jhotwara, Jaipur PS Kardhani, Raj.
—-Respondents
__
For Petitioner(s) : Mr. S.S. Sharma
For Respondent(s) : Ms. Sarita Sharma
For the State Mr. N.S. Dhakad, Public Prosecutor
__
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
15/12/2017
Instant miscellaneous petition has been preferred on behalf
of accused-petitioners under Section 482 of the Code of Criminal
Procedure, 1973 seeking quashing of criminal proceedings in a case
arising out of First Information Report bearing No.232/2013 registered
at Police Station Mahila Thana, Jaipur City (West) for offence punishable
under Sections 498-A and 406 I.P.C. in view of the compromise arrived
at between the parties.
Briefly stated that the marriage of Lokesh Sharma, the
petitioner No.1 herein was performed with Ms. Priyanka Sharma, the
(2 of 3)
[CRLMP-6586/2017]
respondent No.2, herein on 07.07.2011. During subsistence of
marriage, differences arose and aggrieved-wife lodged F.I.R.
No.232/2013 at Police Station Mahila Thana, Jaipur City (West) for
offences punishable under Sections 498-A and 406 I.P.C. The above said
F.I.R. was investigated and charge-sheet was submitted against the
petitioners. During pendency of proceedings, better sense prevailed
upon the parties and a compromise was arrived at between the parties.
The said compromise was presented before the ld. trial Court and the
said Court on 27.05.2017 verified the factum of compromise and
accepted the same, qua offence under Section 406 I.P.C. being
compoundable offence. However, the said compromise was rejected,
qua offence under Section 498-A I.P.C. as the same is non-
compoundable. The compromise has been annexed with the present
petition as Annexure-2.
The order dated 27.05.2017 (Annexure-3) passed by the ld.
trial Court is reproduced herein below :
“27-05-2017
,-ih-ih- mifLFkr vfHk;qDr yksds’k] laxhrk mQZ xqM~Mw] pUnzdkUrk e; vf/koDrk mifLFkr
ifjokfn;k fiz;adk ‘kekZ e; vf/koDrk mifLFkr mHk; i{kksa }kjk jkthukek vUrxZr /kkjk
498,] 406 vkbZihlh esa is’k fd;k x;kA mHk; i{kksa dh igpku muds vf/koDrk }kjk dh
xbZA jkthukek lqu ledj lgh gksuk tkfgj fd;kA /kkjk 406 vkbZihlh dkfcys jkthukek
gksus ls jkthukek /kkjk 406 vkbZihlh esa rLnhd fd;k x;kA.”
Today, both the parties are present in person before this
Court. They have been identified by their respective Counsels. They
have vouchsafed the factum of compromise.
It is a case where matrimonial dispute had turned sour due
to differences of opinion between the parties.
The learned counsel appearing for the parties have jointly
submitted that the matrimonial dispute has been amicably resolved
(3 of 3)
[CRLMP-6586/2017]
between the parties, therefore, the impugned F.I.R. may be quashed so
that the parties can pursue their life and move ahead.
I have heard the learned counsel appearing for the parties
and perused the contents of the instant petition.
It has been often held by the Courts that hour of the
compromise is the finest hour between the parties and the Court while
exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash
the proceedings, even qua non-compoundable offences.
Furthermore, in the case of B.S. Joshi Vs. State of
Harayana, reported in [(2003) 4 S.C.C. 675], the Apex Court has
opined that although offence under Section 498-A I.P.C. is non-
compoundable, but in cases of matrimonial dispute to bring families at
peace, if the parties arrive at compromise, then proceedings, qua
offence under Section 498-A I.P.C. can be quashed by invoking its
inherent powers under Section 482 Cr.P.C.
Considering the fact that both the parties have resolved
their matrimonial dispute and the joint prayer made by the parties,
present in person and in view of law laid down by the Apex Court in the
case of B.S. Joshi [supra], the present petition is accepted and the
impugned F.I.R. bearing No.232/2013, registered at Police Station
Mahila Thana, Jaipur City (West) for offence punishable under Sections
498-A and 406 I.P.C., along with all subsequent proceedings is, hereby,
quashed.
(KANWALJIT SINGH AHLUWALIA)J.
ashok