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Lalchand Saini S/O Taufa Ram vs State Of Rajasthan Through Pp on 20 July, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3993/2018

Lalchand Saini S/o Taufa Ram
—-Petitioner
Versus
State Of Rajasthan Through PP Anr.
—-Respondent

For Petitioner(s) : Mr. Vivek Choudhary
For Respondent(s) : Mr. M.I. Abbasi
Mr. Prakash Thakuriya, PP

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

20/07/2018

Present petition has been filed under Section 482

Cr.P.C. seeking quashing of FIR No.164/2014 registered at Police

Station Mahila Thana, Jaipur City(North), District Jaipur, for

offences under Sections 498-A, 406, 323 and 120-B IPC.

Poonam Saini @ Asha @ Jyoti complainant respondent

No.2 on 13.02.2009 was married with petitioner Lalchand Saini as

per Hindu Customs and Rites. During subsistence of marriage,

differences arose and complainant respondent No.2 aggrieved wife

was compelled to lodge the above said FIR.

During pendency of the proceedings, better sense has

prevailed and the parties have decided to amicably settle the

matrimonial dispute.

Poonam Saini @ Asha @ Jyoti complainant respondent

No.2, is present in court, she has been identified by her counsel

Mr. M.I. Abbasi. Complainant respondent No.2 aggrieved wife has

stated that a petition was filed under Section 13-B of Hindu
(2 of 3) [CRLMP-3993/2018]

Marriage Act for dissolution of marriage by way of mutual consent.

She has stated that she has received Demand Draft of Rs.2 lakh

today and Rs.1 lakh shall be paid to her today in the family court

when she makes statement in the said court for dissolution of the

marriage.

Complainant respondent No.2 has further submitted

that parties have presented a compromise before the trial court.

Trial court accepted the compromise qua offence under Section

406 IPC but rejected the same qua offence under Section 498-A

IPC.

The order passed by the trial court on 05.07.2018 is

reproduced below:-

“lgk;d vfHk;kstu vf/kdkjh mifLFkrA
ikoyh ryc fd;s tkus ds izkFkZuk i ij ikoyh is’kh esa
yh xbZA
vfHk;qDr e; vf/koDrk mifLFkrA ifjokfn;k
e; vf/koDrk mifLFkrA
bl Lrj ij ifjoknh o vfHk;qDr us /kkjk 406
esa i`Fkd ls jkthukes dk izkFkZuk i is’k fd;k] i{kdkjku dh
igpku muds vf/koDrkx.k us dhA /kkjk 406 Hkk-n-l- esa
jkthukek i`Fkd ls rLnhd fd;k tkdj vfHk;qDr ykypan
lSuh iq rksQkjke lSuh dks tfj;s jkthukek /kkjk 406 Hkk-n-l-
esa nks”keqDr ?kksf”kr fd;k x;kA izdj.k esa vc dsoy ek /kkjk
498, Hkk-n-l- esa fopkj.k ‘ks”k gSA
xokgku dks iwokZuqlkj ryc fd;k tkdj
ikoyh okLrs lk{; vfHk;kstu esa iwoZ fu;r fnukad 03-08-
2018 dks is’k gksA”

Counsel for the parties have vouchsafed the factum of

compromise. Counsel for respondent no.2 on instructions from the

respondent aggrieved wife has prayed that the present impugned

FIR be quashed as she no longer intend to pursue the same.

I have heard the learned counsel appearing for the

parties and perused the contents of the instant petition.

(3 of 3) [CRLMP-3993/2018]

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 this court 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, present in person and in view of law laid down by the

Apex Court in the case of B.S. Joshi [supra], the present petition

is accepted and the impugned F.I.R. bearing No.164/2014,

registered at Police Station Mahila Thana, Jaipur City(North)

District Jaipur, for offences punishable under Sections 498-A, 406

and 323 and 120-B IPC, along with all subsequent proceedings is,

hereby, quashed.

(KANWALJIT SINGH AHLUWALIA),J

Heena/115

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