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Hemant Tiwari S/O Sh. Ashok Tiwari vs State Of Rajasthan Through Pp on 29 August, 2018

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.

—-Petitioners

Versus

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.

—-Respondents

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

/ Order

29/08/2018
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-

compoundable.

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
ashok

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