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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