HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3280/2018
Chandra Prakash @ Deepak
State Of Raj And Anr
For Petitioner(s) : Mr. Naseemuddin Qazi
For Respondent(s) : Mr. Prakash Thakuriya, PP for State
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present petition has been filed under Section 482 Cr.P.C.
praying that proceedings arising out of FIR No.427/2013,
registered at Police Station Women, Kota City for offences under
Sections 498A, 406 IPC be quashed on the basis of compromise
arrived between the parties.
Smt. Meena Mehra, complainant-respondent No.2, is present
in court. She has been identified by Police Inspector, Ms.
Kusumlata Meena, SHO, Police Station Women, Kota City, who is
also present in court alongwith complainant-respondent No.2.
Smt. Meena Mehra, complainant, has stated that matrimonial
dispute has been resolved amicably and she no longer intend to
pursue the present FIR. Smt. Meena Mehra, complainant, further
stated that in view of compromise arrived between the parties,
she has received Rs.1,50,000/- and a petition seeking divorce by
way of mutual consent is pending before the Family Court below.
Learned counsel for the petitioner has drawn attention of this
court to the order dated 3.4.2018 passed by the trial court
(2 of 2) [CRLMP-3280/2018]
whereby the trial court has accepted the compromise partially qua
offence under Section 406 IPC as the same was compoundable,
but the compromise was rejected qua offence under Section 498A
IPC being non-compoundable.
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-
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.
(KANWALJIT SINGH AHLUWALIA),J
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