HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4125/2018
Daljeet Kaur D/o Gurmukh Singh B/c Punjabi
State Of Rajasthan Through Pp
For Petitioner(s) : Mr. Sunil Kumar Jain
For Respondent(s) : Ms. Meenakshi Pareek, PP for State
Mr. Amitabh Vijayvargiya, for
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.47/2014, registered
at Police Station Mahila Thana, Jaipur (South) for offences under
Sections 498A, 406 IPC be quashed on the basis of compromise
arrived between the parties.
Daljeet Kaur, complainant-petitioner, is present in court. She
has been identified by her counsel Shri Sunil Kumar Jain. Shri
Amitabh Vijayvargiya has caused appearance on behalf of
Learned counsel for the respondents have vouchsafed the
factum of compromise.
Daljeet Kaur, complainant-petitioner, has stated that
yesterday, Family Court No.3, Jaipur has accepted the petition
under Section 13-B of Hindu Marriage Act and has granted divorce
by way of mutual consent.
(2 of 2) [CRLMP-4125/2018]
Learned counsel for the petitioner has drawn attention of this
court to the order dated 8.1.2018 passed by the trial court
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 parties have 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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