HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7809/2018
1. Kailash Sharma Son Of Shri Kanaram Sharma, By Caste
Brahmin, Aged About 60 Years, Resident Of Plot No. 54,
Kailashpuri, Jagatpura, Tehsil Sanganer, Jaipur (Raj.)
2. Deepak Sharma Son Of Kailash Chand Sharma, By Caste
Brahmin, Aged About 26 Years, Resident Of Plot No. 54,
Kailashpuri, Jagatpura, Tehsil Sanganer, Jaipur (Raj.)
3. Mukesh Son Of Shri Kailash Chand Sharma, By Caste
Brahmin, Resident Of Plot No. 54, Kailashpuri, Jagatpura,
Tehsil Sanganer, Jaipur (Raj.)
—-Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Krishna Sharma @ Pinki Wife Of Shri Deepak
Sharma, Aged About 31 Years, Resident Of Plot No. 595,
Vivek Vihar, Pawansut Marg, Ram Path, Sodala, Jaipur
(Raj.)
—-Respondents
For Petitioner(s) : Ms. Sumati Bishnoi
For Respondent(s) : Mr. VS Godara PP
Mr. Nikhil Simlote for Mr. RB Mathur
for respondent no.2
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
23/01/2019
The present petition has been filed under Section 482
Cr.P.C. praying that the order dated 7.9.2018 passed by
Metropolitan Magistrate, No.11, Jaipur Metropolitan be set aside
as the said court gravely erred to accept the compromise qua
offences under Sections 341, 324 and 506 IPC only, and to reject
the same for offence under Section 354 IPC.
(2 of 3) [CRLMP-7809/2018]
In the present case, quashing of FIR has been sought
on the basis of compromise.
Smt. Krishna Sharma @ Pinki, respondent no.2 is
present in the court. She has been identified by her counsel Mr.
Nikhil Simlote.
Smt. Krishna Sharma @ Pinki, respondent no.2 has
stated that on 4.6.2011 she was married with petitioner no.2 as
per Hindu customs and rites. It is submitted that due to difference
of opinion, she was compelled to lodge the impugned FIR.
Smt. Krishna Sharma @ Pinki, respondent no.2 has
stated that the petitioner no.2 has agreed to pay Rs.14 Lakhs
towards Stridhan, expenses on marriage, permanent alimony and
cost of litigation etc. She further stated that decree of divorce has
already been granted by the Family Court, Jaipur. She further
stated that she has received Rs.14 Lakhs agreed to be paid by
petitioner.
Smt. Krishna Sharma @ Pinki, complainant/respondent
no.2 has prayed that the impugned FIR be quashed as she no
longer intends to pursue the same.
The learned counsel for the parties have jointly relied
upon B.S. Joshi Ors. vs. State of Haryana Anr., 2003
Cri.L.J. 2028, to contend that this Court while exercising
jurisdiction under Section 482 Cr.P.C. in furtherance of interest of
justice in matrimonial dispute may bring families at peace by
quashing FIR.
After hearing counsel for the parties it is apparent that
impugned FIR is an offshoot of matrimonial dispute.
On the prayer made by the learned counsel for the
parties, in view of the judgment in the case of B.S. Joshi (supra),
(3 of 3) [CRLMP-7809/2018]
relied by the parties, the present petition is accepted and
impugned FIR No. 176/2017 registered at Police Station Ashok
Nagar, Jaipur along with all its subsequent proceedings is
quashed.
(KANWALJIT SINGH AHLUWALIA),J
Mak/-
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