HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 32/2018
1. Ajay Meena S/o Ganga Sahai B/c Meena, R/o Village
Sahrakar, Ps Todabhim, District Karauli.
2. Shanti W/o Ganga Sahai B/c Meena, R/o Village Sahrakar,
Ps Todabhim, District Karauli.
1. State Of Rajasthan Through Pp.
2. Smt. Manoj Kumari W/o Ajay, D/o Ramroop B/c Meena,
R/o Village Sewa, Ps Wajirpur, District Sawaimadhopur.
For Petitioner(s) : Mr. Poonam Chand Sharma
For Respondent(s) : Ms. Meenakshi Pareek, PP for State
Mr. Nitesh Pareek, for respondent
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.157/2012, registered at Police Station
Wazirpur, District Sawai Madhopur, for offences under Sections
498A, 406 and 494 IPC.
Briefly stated, complainant-respondent No.2 Smt. Manoj
Kumari on 8.6.2009, as per Hindu customs and rites, was married
with Ajay Meena, petitioner No.1. During subsistence of marriage,
differences arose and hence, respondent No.2 was compelled to
lodge the aforesaid FIR.
It is contended that during pendency of proceedings, the
matter has been amicably resolved and thereafter, the parties
(2 of 2) [CRLMP-32/2018]
have obtained decree of divorce from the Civil Court. It is further
submitted that after divorce was obtained, Ajay Meena, accused-
petitioner No.1, and Smt. Manoj Kumari, complainant-respondent
No.2, have performed remarriage and they are living happily in
their respective families.
Shri Nitesh Pareek, learned counsel for respondent No.2, has
identified Smt. Manoj Kumari, complainant-respondent No.2. Shri
Nitesh Pareek has also vouchsafed the factum of compromise.
It may be noted that the compromise was presented before
the trial court. The trial court, vide order dated 6.9.2017, attested
the compromise for offence under Section 406 IPC and now, trial
is pending for remaining offences under Sections 498A, 494 IPC
being non-compoundable offences.
Learned counsel for the petitioner has 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 even for non-
Taking into account the submissions made by the learned
counsel for the parties and considering the fact that the
matrimonial dispute has been resolved by the parties by way of
compromise, the petition is allowed and the impugned FIR
alongwith all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
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