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Kailash Sharma Son Of Shri Kanaram … vs State Of Rajasthan Through P.P on 23 January, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7798/2018
1. Kailash Sharma Son Of Shri Kanaram Sharma, By Caste
Brahmin, Aged About 60 Years, Residents 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, Residents Of Plot No. 54,
Kailashpuri, Jagatpura, Tehsil Sanganer, Jaipur (Raj.)
3. Smt. Geeta Devi Wife Of Shri Kailash Chand Sharma, By
Caste Brahmin, Aged About 55 Years, Residents Of Plot
No. 54, Kailashpuri, Jagatpura, Tehsil Sanganer, Jaipur
(Raj.)
—-Petitioners
Versus
1. State Of Rajasthan Through P.p., Rajasthan
2. Smt. Krishna Sharma @ Pinki Wife Of Shri Deepak
Sharma, Aged About 31 Years, R/o 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 5.9.2018 passed by Additional

Chief Metropolitan Magistrate, No.16, Jaipur Metropolitan be set

aside as the said court gravely erred to accept the compromise

qua offence under Section 406 IPC only, and to reject the same for

offence under Section 498A IPC.

(2 of 3) [CRLMP-7798/2018]

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.

On the prayer made by the learned counsel for the

parties, in view of the judgment in the case of B.S. Joshi (supra),

relied by the parties, the present petition is accepted and

impugned FIR No. 115/2012 registered at Police Station Ashok
(3 of 3) [CRLMP-7798/2018]

Nagar, Jaipur along with all its subsequent proceedings is

quashed.

(KANWALJIT SINGH AHLUWALIA),J

Mak/-

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