SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Chandraveer Singh S/O Shri Budh … vs State Of Rajasthan Through Pp on 7 March, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 1061/2019

Chandraveer Singh S/o Shri Budh Singh Kacchawa B/c Rajput
Ors.
—-Petitioners
Versus
State Of Rajasthan Through PP Anr.
—-Respondents

For Petitioner(s) : Mr. Amit Puri
For Respondent(s) : Mr. Pawan Sharma
Mr. Arvind Kumar Chawla, PP

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

07/03/2019
Present petition has been filed under Section 482

Cr.P.C. seeking quashing of proceedings arising out of FIR

No.72/2012 registered at Police Station Mahila Thana, Jaipur

City(North), for offences under Sections 498-A, 406, 341, 323,

420 and 120-B IPC.

Counsel for the petitioners has contended that

Investigating Agency later filed charge-sheet only qua offences

under Sections 498-A and 406 IPC.

In the present case, quashing of FIR has been sought

on basis of compromise.

Counsel for the parties have contended that

matrimonial dispute has been amicably resolved. Counsel for the

parties have vouchsafed the factum of compromise.

Respondent No.2 complainant aggrieved wife Smt.

Shaifali Singh is present in court. She has been identified by her
(2 of 3) [CRLMP-1061/2019]

counsel Mr. Pawan Sharma. Respondent No.2 complainant Smt.

Shaifali Singh has stated that she was married with petitioner

No.1 Chandraveer on 08.02.2011. She has stated that out of

wedlock no child was born.

Counsel for the petitioners has submitted that divorce

has been granted under Section 13-B of Hindu Marriage Act and

she received Rs.7,50,000/- towards alimony, Istridhan, expenses

of marriage and cost of litigation etc.

Counsel for the parties have submitted that

compromise was presented before the trial court and the trial

court on 17.03.2015 had passed the following order:-

“ifjokfn;k ‘kSQkyh pkSgku mifLFkrA
vf/koDrk Jh fnus’k ‘kekZ o vfHk;qDrx.k pUnzohj
flag] cq) flag] Jherh d`”.kk dqekjh e; vf/koDrk
Jh vfer iqjh ds mifLFkrA i{kdkjku~ }kjk
LosPNkiwoZd yksd vnkyr dh Hkkouk ls /kkjk 498,
406 vkbZihlh esa jkthukek is’k fd;kA i{kdkjku~
dh igpku muds vf/koDrkx.k ls djokbZ x;hA
pwafd /kkjk 498, vkbZihlh ukdkfcys
jkthukek gSA vr% /kkjk 498, vkbZihlh esa
jkthukek rLnhd ugha fd;k tk ldrk gSA /kkjk
406 vkbZihlh dh gn rd jkthukek i{kdkjku~ dks
i+dj lquk;k o lek;k x;k tks lqu o le]
LosPNkiwoZd vifBr gksuk Lohdkj fd;kA jkthukek
u/s 406 vkbZihlh esa rLnhd fd;k x;kA ‘kkfey
ikoyh jgsA”

Counsel for the parties have submitted that as on today

trial is pending.

Counsel for the petitioners has submitted that trial

court accepted the compromise qua offence under Section 406 IPC

on the ground that the said offence is compoundable but rejected

the same qua offence under Section 498-A IPC on the ground that

the said offence is non-compoundable.

(3 of 3) [CRLMP-1061/2019]

It has been often held by the Courts that hour of the

compromise is the finest hour between the parties and the Court

while exercising its inherent jurisdiction under Section 482 Cr.P.C.

can quash the proceedings, even qua non-compoundable offences.

Considering the fact that both the parties have resolved

their matrimonial dispute and the joint prayer made by the

parties, present in person and in view of law laid down by the

Apex Court in the case of B.S. Joshi Vs. State of Harayana,

reported in [(2003) 4 S.C.C. 675], the present petition is

accepted and the impugned F.I.R. bearing No.72/2012 registered

at Police Station Mahila Thana, Jaipur City(North) for offences

under Sections 498-A, 406, 341, 323, 420 and 120-B IPC along

with all subsequent proceedings is, hereby, quashed.

(KANWALJIT SINGH AHLUWALIA),J

Heena/74

Powered by TCPDF (www.tcpdf.org)

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation