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Banalal @ Banesingh B/C Gurjar vs State Of Rajasthan on 21 January, 2019


S.B. Criminal Miscellaneous (Petition) No. 115/2019

Banalal @ Banesingh B/c Gurjar, Aged About 40 Years, R/o
Dhapawan Kalan Tehsil Baswa, District Dausa.
1. State Of Rajasthan, Through Pp.
2. Mamta Devi W/o Banesingh @ Banalal, D/o Harbhajan
B/c Gurjar, R/o Dhapawan Kalan At Present Khuntala, Ps
Kolwa, District Dausa.

For Petitioner(s) : Mr. Pradeep Kumar Sharma
For Respondent(s) : Mr. Prakash Thakuriya PP
Mr. Om Prakash Sharma for
respondent no.2




The present petition has been filed under Section 482

Cr.P.C. seeking quashing of FIR No.26/2016 registered at Police

Station Kolwa, Dausa for the offences under Sections 323, 498A,

and 406 IPC.

In the present case, quashing of FIR has been sought

on the basis of compromise.

Mamta Devi, respondent no.2 is present in the court.

She has been identified by her counsel Mr. Om Prakash Sharma.

Mr. Banalal @ Banesingh petitioner is also present in the court and

he has been identified by his counsel Mr. Pradeep Kumar Sharma.

Mamta Devi, respondent no.2 has stated that on

23.4.1997 she was married with petitioner as per Hindu customs
(2 of 3) [CRLMP-115/2019]

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


Learned counsel for the parties have submitted that the

parties have decided to part gracefully without any monetary


Learned counsel for the parties have submitted that the

parties have presented application under Section 13B of Hindu

Marriage Act for dissolution of marriage by way of mutual consent

and the same is coming for final motion after six months.

Learned counsel for the parties have vouchsafed the

factum of compromise and has also drawn attention of this Court

to the joint application Annexure-2 filed by the parties before the

court of Magistrate. Learned counsel for the parties have

submitted that vide order dated 14.12.2018, the trial court

accepted the compromise qua offence under Section 406 IPC as

the said offence is compoundable. It is further contended that the

trial court rejected the compromise qua offence under Section

498A IPC on the ground that the said offence is non-


Mamta Devi, 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
(3 of 3) [CRLMP-115/2019]

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




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