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Kartik Mishra S/O Shri Baiju … vs State Of Rajasthan on 3 January, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7898/2018

Kartik Mishra S/o Shri Baiju Mishra, R/o Plot No.6, Siyaram Ji Ki
Doongari, Mehandi Ka Bas, Amer, District Jaipur, Raj.
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Monika Mishra W/o Shri Kartik Mishra, D/o Shri Sheela
Nath Jha, R/o 6, Siyaram Ji Ki Doongari, Mehandi Ka Bas,
Amer, District Jaipur, Raj., At Present R/o House No.158,
Nrisingh Colony, Police Station Amer, Jaipur.
—-Respondents

For Petitioner(s) : Mr. Gaurav Tanwar
For Respondent(s) : Mr. N.S Dhakad PP
Ms. Aradhana Swami for respondent
no.2

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

-/Order/-

03/01/2019

The present petition has been filed under Section 482

Cr.P.C. seeking quashing of FIR No.1/2016 registered at Police

Station Mahila Thana, Jaipur (North) for the offences under

Sections 498A and 406 IPC.

In the present petition, quashing of FIR has been

sought on the basis of compromise.

Learned counsel for the parties have placed on record

the photocopy of compromise duly attested by the counsel for the

parties.

(2 of 3) [CRLMP-7898/2018]

The complainant Monika Mishra aggrieved wife is

present in the Court. She has been identified by her counsel Ms.

Aradhana Swami.

Learned counsel for the parties have submitted that

they have decided to part gracefully by filing a petition for divorce

under Section 13B of Hindu Marriage Act by way of mutual

consent.

Learned counsel for the parties have also drawn

attention of this court to order dated 31.10.2018 passed by the

Judicial Magistrate, No.1, Jaipur, District Jaipur whereby the said

court accepted the compromise qua offence under Section 406 IPC

but rejected the same qua offence under Section 498A IPC on the

ground that the said offence is non-compoundable. The order

dated 31.10.2018 passed by the trial court reads as under:-

“31-10-18
,ihih mi-A
jkthukek ds vk/kkj ij ik- ryc djus dk izk- i is’k gksus ij ik- ryc
dh xbZA
vfHk- dkfrZd feJk e; vf/k- jktsUnz flag mi-A
ifjokfn;k eksfudk feJk e; vf/k- Jh eks- bjQku [kku mi-A
izkFkhZ;k eksfudk dh vksj ls /kkjk 406 vkbZihlh dh vijk/k esa jkthukek gsrq
vuqefr nsus dk izk- i is’k fd;kA lquk x;kA i{kdkj us yksd vnkyr dh Hkkouk ls
jkthukek gksuk vafdr fd;k gSA vr% U;k;fgr o yksd vnkyr dh Hkkouk ls /kkjk
406 vkbZihlh ds vijk/k dk jkthukek dk djus ckcr vuqefr nh tkrh gS jkthukek
is’k gqvkA
vf/k- vfHk- us vfHk- dh rFkk vf/k- ifj- us ifj- dh igpku dhA jkthukek
mHk; i{k dks idj lquk;k x;kA lqu le izk- lgh gksuk Lohdkj fd;kA /kkjk 406
vkbZihlh dh gn rd jkthukek rLnhd fd;k x;kA jkthukek layXu ik , ikVZ jgk
vfHk- ij /kkjk 498, vkbZihlh ds vijk/k dk fopkj.k ‘ks”k gSA ik- okLrs lk{; vfHk-
esa fn- 16-11-18 dks is’k gksA izdj.k ntZ jft- gksA
,lMh
U;kf;d eftLVsªV
Ø-la- 1 t;iqj ftyk t;iqj”

(3 of 3) [CRLMP-7898/2018]

Monika Mishra, 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 along with all its subsequent proceedings is

quashed.

(KANWALJIT SINGH AHLUWALIA),J

Mak/-

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