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Daljeet Kaur D/O Gurmukh Singh B/C … vs State Of Rajasthan Through Pp on 6 August, 2018

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
—-Petitioner
Versus
State Of Rajasthan Through Pp
—-Respondent

For Petitioner(s) : Mr. Sunil Kumar Jain
For Respondent(s) : Ms. Meenakshi Pareek, PP for State
Mr. Amitabh Vijayvargiya, for
respondents

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

07/08/2018

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

accused-respondents.

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-

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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