HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 6093 / 2017
Anurag Srivastav And Anr
—-Petitioner
Versus
State Of Raj And Anr
—-Respondent
__
For Petitioner(s) : Dr. Sohan Lal Sharma
For Respondent(s) : Mr. Dharmendra Kumar Srivastava
Mr. NS Dhakad PP
__
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Judgment / Order
12/12/2017
The present petition has been filed under Section 482
Cr.P.C., seeking quashing of FIR No. 424/2015 registered at Police
Station Mahila Thana, Kota City, Kota for offences under Sections
498A and 406 IPC.
Briefly stated, Ms. Anuradha Srivastava on 19.11.2013
according to Hindu customs and rites, was married with accused
petitioner no.1 Anurag Srivastava. During subsistence of marriage,
dispute arose which led complainant aggrieved wife to lodge the
impugned FIR. During the pendency of the proceedings better
sense prevailed upon the parties and due to intervention of the
respectables, amicable settlement was arrived at. The compromise
/ settlement has been annexed with the present petition as
Annexure-2.
As per the said settlement, Rs. 7 Lakhs were to be paid
(2 of 3)
[CRLMP-6093/2017]
to the respondent aggrieved wife. It is stated by Ms. Anuradha
Srivastava that she has already received Rs.3.50 Lakhs of the
total amount and rest of the amount is to be paid on quashing of
FIR and grant of divorce.
The compromise arrived at between the parties was
presented before the trial court and the trial court on 23.10.2017,
verified the compromise and thereafter had acquitted the accused
respondent of offence under Section 406 IPC. However, the
compromise was rejected qua offence under Section 498A IPC on
the ground that same is non-congizable. The order dated
23.10.2017 passed by the trial court reads as under:-
“vkns’k fnukad 23-10-2017
,ihih mifLFkrA vuqjkx JhokLro] v’kksd dqekj e; odhy mifLFkrA Qfj;knh
vuqjk/kk JhokLro e; vf/koDrk mifLFkrA blh Lvst ij Qfj;knh vf/koDrkx.k
mifLFkr gksdj izkFkZuk i ckcr~ fn;s tkus btktr ,oa rLnhd ,oa fd;s tkus
jkthukek /kkjk 498,] 406 vkbZihlh dk is’k fd;kA voyksdu fd;k tkdj 498,
vkbZihlh esa jkthukek ;ksX; ugha gksus ij vuqefr iznku ugha dhA /kkjk 406 vkbZihlh
esa jkthukek dh vuqefr iznku dh xbZA Qfjoknh ds vf/koDrk /keZsUnz dqekj JhokLro
o vfHk;qDrx.k ds vf/koDrk lksguyky ‘kekZ }kjk f’kuk[r fd;kA jkthukek
mHk;i{kdkjksa dks lquk;k o lek;k x;k] lgh gksuk Lohdkj fd;k x;kA
jkthukek /kkjk 406 vkbZihlh esa i`Fkd~ ls rLnhd fd;k x;kA jkthukek ds vk/kkj ij
vfHk;qDrx.k dks /kkjk 406 vkbZihlh esa nks”keqDr fd;k tkrk gSA
vfHk;qDrx.k us /kkjk 498, HkkŒnaŒlaŒ dk fuokj.k ‘ks”k gksus ij vfHk;qDrx.k us /kkjk
498, vkbZihlh dk vkjksi i`Fkd~ ls fojfpr dj lquk;k o lek;k x;kA vfHk;qDrx.k
us vkjksi ls badkj dj vUoh{kk pkghA xokg 1 o 2 ryc fd;k tkosA ikoyh lk{;
vfHk;kstu esa fnukad 16-12-17 dks is’k gksA”
Ms. Anuradha Srivastava who is present in the court
has been identified by her counsel Mr. Dharmendra Kumar
(3 of 3)
[CRLMP-6093/2017]Srivastava. The complainant aggrieved wife has agreed to
quashing of impugned FIR along with all subsequent proceedings.
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/-