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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