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Kauashal Kishore Songra @ Monu S/O … vs State Of Rajasthan on 19 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 5849/2018

Kauashal Kishore Songra @ Monu S/o Shri Shiv Kumar Songara
B/c Jaga
—-Petitioner
Versus
State Of Rajasthan Anr.
—-Respondent

For Petitioner(s) : Mr. K. K. Chhawal
For Respondent(s) : Mr. Prakash Thakuriya, PP for State
Mr. Surkesh Lakhwani

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

19/09/2018

Present petition has been filed under Section 482 Cr.P.C.

seeking quashing of FIR No.110/2017, registered at Police Station

Mahila Thana, Jaipur (West) For offences under Sections 498A,

406 IPC. Quashing of FIR has been sought on the basis of

compromise.

Learned counsel for the parties have submitted that

matrimonial dispute has been amicably resolved and parties have

filed a petition under Section 13B of Hindu Marriage Act before

Family Court No.3, Jaipur for dissolution of marriage by way of

mutual consent.

Learned counsel for the parties have further submitted that

on 16.08.2018 the trial court has attested the compromise for

offence under Section 406 IPC, but rejected the same for offence

under Section 498A IPC on the ground that the said offence is

non-compoundable.

(2 of 3) [CRLMP-5849/2018]

Order dated 16.08.2018 reads as under:-

“16-08-2018
APO mifLFkrA ifjokfn;k Jherh fiadh e; vf/koDrk
Jh lquhy of’k”B mifLFkrA vfHk;qDr jks’ku dqekj e;
vf/koDrk Jh eksgu pkS/kjh mifLFkrA i{kdkjku dh igpku
muds vf/koDrkx.k }kjk dh x;hA jkthukek idj lquk;k o
lek;k x;kA jkthukek vUrxZr /kkjk 498A, 406 IPC esa is’k
gqvkA Hkkjrh; n.M lafgrk dh /kkjk 498A esa jkthukek is’k
fd;k x;k gSA
pwafd mDr vijk/k cflyflys jkthukek ugha gSA blfy,
buesa jkthukek rLnhd ugha fd;k tk ldrkA jkthukek /kkjk
406 IPC esa fu;ekuqlkj iqLr dj rLnhd fd;k x;kA c:is
jkthukek vfHk;qDr dkS’ky dqekj dks /kkjk 406 Hkk-na-la- esa
gLrxr izdj.k esa nks”keqDr ?kksf”kr fd;k tkrk gSA
vfHk;qDr ds fo:) /kkjk 498A esa dk;Zokgh fd;k tkuk
‘ks”k gSA vr% xokg 1 y- 3 dks tfj;s leu ryc fd;k tkosaA
ikoyh okLrs lk{; vkfy;ksatu fnuakd 07-09-18 dks is’k gksA

vfrfjDr flfoy U;k;k/kh’k ,oa
egkuxj eftLVsªV
Øe21] t;iqj egkuxj”

Smt. Pinki, complainant-respondent No.2, is present in court.

She has been identified by her counsel Shri Surkesh Lakhwani.

Smt. Pinki, complainant, has submitted that the matter is

coming up before the trial court on 04.10.2018 for dissolution of

marriage and the petitioner has already submitted Demand Draft

of Rs.6,50,000/- before Family Court No.3, Jaipur and the said

Demand Draft is to be released in favour of respondent No.2 at

the time of dissolution of marriage.

Learned counsel for the petitioners has relied upon B.S.

Joshi Ors. v. State of Haryana, (2003) 4 SCC 675, to

contend that in matrimonial matters, to bring families at peace,

this court while invoking inherent powers under Section 482

Cr.P.C. can quash the FIR and subsequent criminal proceedings

even for non-compoundable offences.

Taking into account the submissions made by the learned

counsel for the parties and considering the fact that the
(3 of 3) [CRLMP-5849/2018]

matrimonial dispute has been resolved by the parties by way of

compromise, the petition is allowed and the impugned FIR

alongwith all subsequent proceedings is quashed.

(KANWALJIT SINGH AHLUWALIA),J

Govind/

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