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Chandra Prakash @ Deepak vs State Of Raj And Anr on 13 August, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3280/2018

Chandra Prakash @ Deepak
—-Petitioner
Versus
State Of Raj And Anr
—-Respondent

For Petitioner(s) : Mr. Naseemuddin Qazi
For Respondent(s) : Mr. Prakash Thakuriya, PP for State

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

13/08/2018

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-

compoundable offence.

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

Govind/

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