HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 1504/2018
1. Mohit Sharma S/o Shri Mamchand Sharma B/c Brahmin,
R/o 322A, Masjid Moth South Extension-Ii, New Delhi,
Police Station Haujkhas, New Delhi.
2. Mamchand Sharma S/o Pandit Harvansh Sharma B/c
Brahmin, R/o 322A, Masjid Moth South Extension-Ii, New
Delhi, Police Station Haujkhas, New Delhi.
3. Umlesh Sharma W/o Shri Malchand Sharma B/c Brahmin,
R/o 322A, Masjid Moth South Extension-Ii, New Delhi,
Police Station Haujkhas, New Delhi.
—-Petitioners
Versus
1. State Of Rajasthan Through Pp.
2. Smt. Rekha Sharma D/o Shri Ganesh Narayan Sharma,
W/o Shri Mohit Sharma B/c Brahmin, Aged About Major,
R/o Plot No.m-15, Ramnagar, Sodala, Police Station
Sodala, Jaipur.
—-Respondents
For Petitioner(s) : Ms. Aanchal Singh for Mr. RB Mathur
For Respondent(s) : Mr. Prakash Thakuriya PP
Mr. Deen Dayal Khandelwal
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
02/04/2018
The present petition has been filed under Section 482
Cr.P.C., seeking quashing of FIR No.64/2014 registered at Police
Station Mahila Thana, Jaipur City, South, for the offences under
Sections 498A, 406, 420, 323, 504, 506 and 120B IPC.
The petitioner no.1 on 7.12.2012 was married with
Rekha Sharma, respondent no.2, as per Hindu customs and rites.
During subsistence of marriage, differences arose and as a result
(2 of 3) [CRLMP-1504/2018]
thereof, respondent no.2 lodged case FIR No.64/2014 registered
at Police Station Mahila Thana, Jaipur City, South, for the offences
under Sections 498A, 406, 420, 323, 504, 506 and 120B IPC.
During the pendency of the litigation, better sense
prevailed upon the parties and they amicably arrived at
settlement. An application was filed before the trial court for
composition of the offences. The trial Judge vide impugned order
dated 22.2.2018 accepted the compromise qua offence under
Section 406 IPC, however, same was rejected qua offence under
Section 498A IPC, on the ground that the said offence is non-
compoundable.
The present petition has been filed under Section 482
Cr.P.C. on behalf of the husband and her parents seeking quashing
of the impugned FIR, on the basis of compromise. Respondent
no.2 is present in the court. She has been identified by her
counsel Mr. Deen Dayal Khandelwal.
Mr. Deen Dayal Khandelwal, counsel for the respondent
no.2 has vouchsafed the factum of compromise and has further
submitted that the petitioner no.1 has agreed to pay Rs.20 Lakhs
to the complainant/respondent no.2 towards permanent alimony,
expenses of marriage, cost of litigation etc. It is stated that
amount of Rs.20 Lakhs by way of Demand Draft has been
deposited in the Family Court No.1, , Jaipur, where petition under
Section 13 B of Hindu Marriage Act has been filed for grant of
divorce by way of mutual consent.
The learned counsel for the parties have jointly relied
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
(3 of 3) [CRLMP-1504/2018]
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/-
