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Bajrang Lal Yadav vs State Of Raj And Anr on 25 May, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2893/2018

Bajrang Lal Yadav S/o Late Shri Achchhal Lal Yadav B/c Yadav,
Aged About 34 Years, R/o 30, Gayatri Nagar, Sodala, Jaipur, Raj.
—-Petitioner
Versus
1. State Of Rajasthan Through Pp.
2. Usha Yadav W/o Shri Bajrang Lal Yadav B/c Yadav, Aged
About 27 Years, R/o 17, J.s. Railway Loko Colony, Jaipur.
—-Respondents

For Petitioner(s) : Petitioner Bajrang Lal present in
person
For Respondent(s) : Respondent no.2 Usha Yadav present
in person

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

25/05/2018

The present petition has been filed under Section 482

Cr.P.C. seeking quashing of FIR No. 248/2014 registered at Police

Station Mahila Thana Jaipur for the offences under Sections 406

and 498A IPC on the basis of compromise.

Petitioner Bajrang Lal Yadav on 19.5.2009 as per Hindu

customs and rites was married with the respondent no.2 Usha

Yadav. During subsistence of marriage differences arose and Usha

Yadav complainant – aggrieved wife lodged the above said FIR.

During pendency of the proceedings, better sense prevailed and

now the parties have started living together in a rented

accommodation.

(2 of 3) [CRLMP-2893/2018]

Yesterday i.e. on 24.5.2018 the present case was listed

and this Court directed Deputy Registrar (Judicial) of this Court to

record statements of petitioner Bajrang Lal Yadav and respondent

no.2 Usha Yadav, after they are duly identified.

Deputy Registrar (Judicial) has recorded separate

statement of both the petitioner Bajrang Lal Yadav and respondent

no.2 Usha Yadav.

The separate statement of both the petitioners are

taken on record and are made part of the paper book.

The statement of Usha Yadav, respondent no.2 reads as

under :-

“eSa m”kk ;kno] ifRu Jh ctjaxyky ;kno] vk;q 29 o”kZ] tkfr ;kno]
fuoklh 17] ts-,l- jsyos yksdks dkWyksuh] t;iqj ftyk t;iqj
¼jkt0½A
‘kiFk iwoZd c;ku djrh gwW fd esjh ‘kknh Jh ctjaxyky th
ls o”kZ 2009 esa gq;h FkhA ‘kknh ds ckn NksVhNksVh ckrksa ij gekjs
chp dHkhdHkh xM+k gks tkrk FkkA esjs ifr esjs lkFk dHkhdHkh
ekjihV Hkh djrs FksA bl ckr ls ijs’kku gksdj eSa 45 lky ls vius
ihgj vius cPps ds lkFk esa jg jgh gwWA vc gekjs chp esa vkilh
lgefr ls jkthukek gks pqdk gS fd eSa vius ifr ds lkFk llqjky esa
ugha jguk pkgrh gwWA eSa vius ifr ds mij vkxs vkSj dksbZ dk;Zokgh
ugha pkgrh gwWA eqs vkSj dqN ugha dguk gSA
uksV% xokg dk c;ku esjs funsZ’ku esa mlds dgs vuqlkj
Vad.kdrkZ }kjk dEI;qVj ij Vafdr fd;k x;k] ftls xokg dks i+dj
lquk;k o lek;k x;k rks mlus mDr dFkuksa dks lqu o le dj
lgh gksuk Lohdkj fd;kA ”

Parties have also presented a compromise before the

trial court. The trial court accepted the said compromise vide

Annexure-5 qua offence under Section 406 IPC but rejected the

same qua offence under Section 498A IPC, as the said offence is

non-compoundable.

(3 of 3) [CRLMP-2893/2018]

Today, both the petitioner and the respondent no.2

have stated that they will be living separately and they have

decided not to stay with the parents of the petitioner. The

complainant/respondent no.2 Usha Yadav present in the court has

stated that she no longer intends to pursue the FIR, hence, the

proceedings be quashed.

Reliance has been placed 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 petitioner and the

complaint/respondent no.2, who are present in person, 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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