HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3217/2018
State Of Raj And Anr
For Petitioner(s) : Ms. Chhavi Chaturvedi
For Respondent(s) : Mr. Prakash Thakuriya, PP
Mr. Purshottam Kaushik
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
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
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
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
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
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