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Madhusudan vs State Of Raj And Anr on 24 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3217/2018

Madhusudan
—-Petitioner
Versus
State Of Raj And Anr
—-Respondent

For Petitioner(s) : Ms. Chhavi Chaturvedi
For Respondent(s) : Mr. Prakash Thakuriya, PP
Mr. Purshottam Kaushik

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

24/09/2018
Present petition has been filed under Section 482

Cr.P.C. seeking quashing of FIR No.422/2015 registered at Police

Station Bansur, District Alwar, for offences under Sections 498-A

and 406 IPC.

In the present petition, quashing of FIR has been

sought on basis of compromise.

Smt. Kavita complainant respondent No.2 is present in

court. She has been identified by her counsel Mr. Purshottam

Kaushik.

Smt. Kavita complainant respondent No.2 has stated

that on 06.11.2011 she was married with petitioner and due to

circumstances beyond control she was compelled to lodge

impugned FIR.

Smt. Kavita complainant respondent No.2 who is

present in court has stated that now the dispute has been

amicably resolved. Petitioner has paid Rs.5 lakhs to her and
(2 of 3) [CRLMP-3217/2018]

marriage has also been dissolved by the court of Additional

District Judge, Bansur, District Alwar.

Counsel for the parties have vouchsafed the factum of

compromise and have drawn attention of this court to order dated

23.04.2018 passed by the trial court whereby compromise was

atttested qua offence under Section 406 IPC but was rejected qua

offence under Section 498-A IPC.

Order dated 23.04.2018 has been annexed with the

present petition as Annx.3.

I have heard the learned counsel appearing for the

parties and perused the contents of the instant petition.

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
(3 of 3) [CRLMP-3217/2018]

is accepted and the impugned F.I.R. bearing No.422/2015

registered at Police Station Bansur, District Alwar, for offences

under Sections 498-A and 406 IPC, along with all subsequent

proceedings is, hereby, quashed.

(KANWALJIT SINGH AHLUWALIA),J

Heena/42

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