HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4865/2018
1. Hemant Tiwari S/o Sh. Ashok Tiwari, R/o Village Ganeshpura
Garnavad Tehsil District Jhalawar.
2. Ashok Tiwari S/o Pramanand Tiwari, R/o Village Ganeshpura
Garnavad Tehsil District Jhalawar.
1. State Of Rajasthan Through Pp, Rajasthan.
2. Smt. Khushbu Tiwari W/o Hemant Tiwari, R/o Behind Sangam
Pan Bhandar, Shivpura Crossing Police Station Dadabadi, Kota.
For Petitioner(s) : Mr. K.S. Rawat
For Respondent(s) : Mr. Raghuveer Meena
For the State : Mr. Prakash Thakuria, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Instant petition has been preferred under Section 482
Cr.P.C. seeking quashing of impugned F.I.R. No.226 of 2015 registered
at Women Police Station Kota City for offences punishable under
Sections 498-A and 406 of Indian Penal Code.
In the present case, quashing of impugned F.I.R. has been
sought on the basis of compromise affected between the parties.
Mr. K.S. Rawat, ld. counsel appearing for the petitioners and
Mr. Raghuveer Meena, ld. counsel appearing for the respondent No.2,
have jointly submitted that the matrimonial dispute has been amicably
resolved between the parties.
(2 of 3) [CRLMP-4865/2018]
Smt. Khushbu Tiwari, complainant/respondent No.2 is
present in person before this Court. She has been identified by her
Counsel Mr. Raghuveer Meena.
Smt. Khushbu Tiwari, complainant/respondent No.2, present
in person, has stated that she was married, as per Hindu Customs
Rites, on 28.11.2013 with Hemant Tiwari, petitioner No.1 herein.
During subsistence of marriage, differences arose and
complainant/respondent No.2 was compelled to file impugned F.I.R.
Complainant/respondent No.2 – Smt. Khushbu Tiwari,
present in person, has stated that the matter has been amicably
resolved between the parties. The parties have also filed a petition
under Section 13-B of the Hindu Marriage Act for dissolution of the
marriage. Complainant/respondent No.2 present in person, has further
stated that Rs.5,00,000/- by way of demand draft has already been
received by her and the remaining amount of Rs.5,00,000/- by way of
demand draft has been deposited before the Family Court, subject to
condition that the same shall be disbursed to the
complainant/respondent No.2, after decree of divorce by way of mutual
consent is granted by the Family Court. Smt. Khushbu Tiwari present in
person, has prayed that she no longer intend to pursue the case arising
out of impugned F.I.R..
The learned counsel appearing for the petitioners has
submitted that the compromise was presented before the trial Court.
The trial Court accepted the same, qua offence punishable under
Section 406 I.P.C. but rejected the same, qua offence punishable under
Section 498-A I.P.C. on the ground that the said offence is non-
The learned counsels appearing for the respective parties
have jointly prayed that since the matrimonial dispute has been
amicably resolved, the criminal cases pending between the parties as
(3 of 3) [CRLMP-4865/2018]
well as impugned F.I.R. be quashed, so that the parties can pursue their
life and move ahead.
I have heard the learned counsels appearing for the parties
and have perused the contents of the instant petition.
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.
Furthermore, in the case of B.S. Joshi Vs. State of
Harayana, reported in [(2003) 4 S.C.C. 675], the Apex Court has
opined that although offence under Section 498-A I.P.C. is non-
compoundable, but in cases of matrimonial dispute to bring families at
peace, if the parties arrive at compromise, then proceedings, qua
offence under Section 498-A I.P.C. can be quashed by invoking its
inherent powers under Section 482 Cr.P.C.
Considering the fact that both the parties have resolved
their matrimonial dispute and the joint prayer made by the parties and
in view of law laid down by the Apex Court in the case of B.S. Joshi
[supra], the present petition is allowed. The impugned F.I.R. No.226
of 2015 registered at Women Police Station Kota City for offences
punishable under Sections 498-A and 406 of Indian Penal Code, along
with all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
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