HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4946/2018
Chunniram @ Chunnaram S/o Shri Mangla Ram Jat, R/o
Nonandpura, Tehsil Kishangarh District Ajmer, Raj.
—-Petitioner
Versus
1. State Of Rajasthan Through Pp, Rajasthan.
2. Meenu W/o Shri Chunniram, R/o Village Manpura Ki
Dhani, Post Narwar Tehsil And District Ajmer.
—-Respondents
For Petitioner(s) : Dr. Jyotish Kalathy
For Respondent(s) : Mr. Prakash Thakuriya, PP for State
Mr. Jai Singh Rathore, for respondent
No.2
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
21/08/2018
Present petition has been filed under Section 482 Cr.P.C.
seeking quashing of FIR No.69/2016, registered at Police Station
Gegal, District Ajmer for offences under Sections 498A, 406 and
120B IPC.
Complainant-respondent No.2 Meenu, on 21.4.2015 was
married as per Hindu customs and rites with petitioner Chunniram
@ Chunnaram. During subsistence of marriage, differences arose
between the parties and hence, respondent No.2-complainant
lodged the above said FIR. During pendency of proceedings, better
(2 of 3) [CRLMP-4946/2018]
sense prevailed between the parties and matrimonial dispute has
been resolved amicably.
Meenu, Complainant-respondent No.2, has been identified by
her counsel Jai Singh Rathore. Complainant has stated that
accused-petitioner has already paid Rs.3,50,000/- to her towards
permanent alimony, Stridhan, litigation charges and cost.
Complainant stated that she no longer intends to pursue the
present FIR.
Pratap, father of Meenu, complainant, is present in court. He
assured this court that Rs.3,50,000/- received by him from the
accused shall be kept in FDR on the name of his daughter Meenu,
complainant-respondent No.2.
Learned counsel for the parties have vouchsafed the factum
of compromise.
It may be noted that the compromise was presented before
the trial court. The trial court attested the compromise for offence
under Sections 406 IPC, but rejected the same for offence under
Section 498A IPC on the ground that the said offence is 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
(3 of 3) [CRLMP-4946/2018]
compromise, the petition is allowed and the impugned FIR
alongwith all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
Govind/
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