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Akshat Bhandari vs State Of Rajasthan Through Pp on 26 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3314/2018

Akshat Bhandari S/o Shri Sushil Bhandari, R/o A-1, Vijay Nagar,
New Pali Road, Police Station Shastri Nagar, Jodhpur, Raj.
—-Petitioner
Versus
State Of Rajasthan Through Pp.
—-Respondent

Connected With
S.B. Criminal Miscellaneous (Petition) No. 5359/2017
Akshat Bhandari S/o Sushil Bhandari B/c Oswal, R/o A-1, Vijay
Nagar, New Pali Road, Jodhpur.

—-Petitioner
Versus

1. State Of Rajasthan Through
P.p.

2. Pragya Modi W/o Akshat
Bhandari D/o Shri Pradeep
Kumar Modi B/c Oswal, R/o C-
26, Dev Nagar, Tonk Road,
Jaipur.
—-Respondents

For Petitioner(s) : Mr. S.S. Hora
Mr. Abhisar Bhanu
For Respondent(s) : Mr. Prakash Thakuria, PP
Mr. Mahendra Goyal for respondent
No. 2

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

26/09/2018

S.B. Criminal Miscellaneous (Petition) No. 5359/2017:-

Present petition has been filed under Section 482

Cr.P.C. to assail the order dt. 23.09.2017 whereby the
(2 of 4) [CRLMP-3314/2018]

Metropolitan Magistrate No. 15, Jaipur Metropolitan partially

accepted the compromise for offence under Section 406 IPC, but

rejected the same qua offence under Section 498 A IPC on the

ground that the said offence is non compoundable.

In the present case, Sh. S.S. Hora, learned counsel for

the petitioner, and Shri Mahendra Goyal, appearing for

respondent No. 2, have submitted that the compromise arrived

between the parties is subsisting today. They have vouchsafed the

factum of compromise.

Ms. Pragya Modi, complainant-respondent No.2, is

present in court. She has been identified by her counsel Shri

Mahendra Goyal.

Ms. Pragya Modi has stated that her marriage with

Akshat Bhandari was solemnized as per Hindu customs and rites

on 28.12.2005 at Jodhpur. It is further submitted that one month

before on 27.11.2005 parties had also performed civil marriage.

Ms. Pragya Modi has stated that no child was born out of the

wedlock.

In the present case, because of the circumstances

beyond the control, Ms. Pragya Modi was compelled to lodge FIR

No. 145/2015 at Police Station Mahila Thana, Jaipur City (East) for

offences under Sections 323, 406 and 498-A IPC. During

pendency of proceedings, memorandum of understanding

(Annexure-3) was arrived between the parties. Consequently,

compromise was presented before the trial court. As noted above,

the compromise was partially accepted qua offence under Section

406 IPC, but was not accepted qua offence under Section 498-A

IPC.

(3 of 4) [CRLMP-3314/2018]

Today, Shri S.S. Hora learned counsel for the petitioner,

has handed over Demand Draft of Rs. 50,00,000/- drawn in favour

of respondent No. 2 Ms. Pragya Modi. Photocopy of the Demand

Draft attested by Shri Mahendra Goyal, learned counsel for

respondent No. 2 is taken on record.

On joint submission made by the learned counsel for

the parties, undertaking filed by respondent No.2 before this court

and scanned copy of undertaking executed by the petitioner

before Graham John Bruce Justice of the Peace Western Australia

is also taken on record as Shri S.S. Hora has assured this court

regarding authenticity of the undertaking executed by the

petitioner. Shri. S.S. Hora has submitted that the said undertaking

has been received by him through e-mail.

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-

compoundable offences.

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.

S.B. Criminal Miscellaneous (Petition) No. 3314/2018:-

Shri S.S. Hora learned counsel for the petitioner has

submitted that since by a separate order of even date the

impugned FIR alongwith all subsequent proceedings has been
(4 of 4) [CRLMP-3314/2018]

quashed, present petition has been rendered infructuous and may

be disposed of as such.

Ordered accordingly.

(KANWALJIT SINGH AHLUWALIA),J

Govind/ashu/45-46

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