HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 652/2019
1. Amit Singh @ Amit Naydu S/o Shri Harikishan Naydu,
Aged About 30 Years, R/o Village Niwaru, Brahmano Ka
Mohalla, Back Side To Raghunathji Maharaj Temple,
Panchayat Samiti Jhotwara, Police Station Kardhani,
Jaipur.
2. Smt. Anju Kanwar W/o Shri Govind Singh Bhati, D/o
Chand Singh Sisodiya B/c Rajput, Aged About 51 Years,
R/o Village Niwaru, Brahmano Ka Mohalla, Back Side To
Raghunathji Maharaj Temple, Panchayat Samiti Jhotwara,
Police Station Kardhani, Jaipur.
—-Petitioners
Versus
1. State Of Rajasthan, Through Pp.
2. Smt. Anjali Rawat W/o Shri Amit Singh @ Amit Naydu,
D/o Shri Rajendra Singh Rawat B/c Rajput, Aged About
23 Years, R/o Plot No.12-A, Shriram Vihar Colony, Karni
Palace Road, Panchayawala, Jaipur, Police Station Karni
Vihar, Jaipur.
—-Respondents
For Petitioner(s) : Mr. Gajendra Singh Rathore
For Respondent(s) : Mr. VS Godara PP
Mr. D.N. Sharma for respondent no.2
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
29/01/2019
The present petition has been filed under Section 482
Cr.P.C. seeking quashing of proceedings arising out of FIR
No.42/2015 registered at Police Station Mahila Thana, Jaipur City
(West) for the offences under Sections 498A, 406, 323, 506, 509
and 120B IPC.
(2 of 3) [CRLMP-652/2019]
In the present case, quashing of FIR has been sought
on the basis of compromise.
Smt. Anjali Rawat, respondent no.2 is present in the
court. She has been identified by her counsel Mr. D.N. Sharma. Mr.
Amit Singh @ Amit Naydu petitioner no.1 is also present in the
court and he has been identified by his counsel Mr. Gajendra Singh
Rathore.
Smt. Anjali Rawat, respondent no.2 has stated that on
24.2.2014 she was married with petitioner no.1 as per Hindu
customs and rites. It is submitted that due to difference of
opinion, she was compelled to lodge the impugned FIR.
Learned counsel for the respondent no.2 has submitted
that due to intervention of respectables, elders of the family and
common relations, the matrimonial dispute has been amicably
resolved.
Smt. Anjali Rawat, respondent no.2 has stated that the
petitioner no.1 Amti Singh @ Amit Naydu has agreed to pay
Rs.80,000/- towards Stridhan, expenses on marriage, permanent
alimony and cost of litigation etc.
Learned counsel for the parties have submitted the trial
court vide order dated 21.12.2018 accepted the compromise
presented qua offence under Section 406 IPC as the said offence
is compoundable but rejected the same qua offence under Section
498A IPC on the ground that the said offence is non-
compoundable.
Smt. Anjali Rawat, respondent no.2 has submitted that
the Demand Draft amounting to Rs.80,000/-, agreed to be paid by
petitioners has been retained by Mediation and Conciliation Center
of this Court. She further stated that divorce petition under
(3 of 3) [CRLMP-652/2019]
Section 13B of Hindu Marriage Act for dissolution of marriage by
way of mutual consent is pending before the Family Court No.1,
Jaipur. It is submitted that the divorce petition under Section 13B
of Hindu Marriage Act is coming for final motion on 13.7.2019.
Smt. Anjali Rawat, complainant/respondent no.2 has
prayed that the impugned FIR be quashed as she no longer
intends to pursue the same.
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
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/-
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