HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4624/2018
Mahesh Soni S/o Durga Shankar B/c Soni
—-Petitioner
Versus
Smt Sheela Soni W/o Mahesh Soni B/c Soni
—-Respondent
For Petitioner(s) : Mr. Sanjay Mehrishi
For Respondent(s) : Ms. Meenakshi Pareek, PP for State
Mr. Vikas Kabra, for respondent No.1
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
07/08/2018
Present petition has been filed under Section 482 Cr.P.C.
praying that proceedings arising out of Criminal Case
No.387/2010, titled State v. Mahesh Soni, pending in the court of
Judicial Magistrate, Jhalawar for offence under Section 498A IPC,
be quashed.
Complainant-respondent No.1 Smt. Sheela Soni is present in
court. She has been identified by her counsel Shri Vikas Kabra.
Smt. Sheela Soni has stated that her marriage with the petitioner
was performed on 26.01.2004. She has further stated that due to
difference between the parties, the above said FIR has been
lodged. Now, the dispute has been amicably resolved and
petitioner and respondent No.1 are living happily as husband and
wife.
Learned counsel for petitioner has submitted that the trial
court vide order dated 21.7.2018 has accepted the compromise
partially qua offence under Section 406 IPC as the same was
(2 of 2) [CRLMP-4624/2018]
compoundable, but the compromise was rejected qua offence
under Section 498A Cr.P.C. being non-compoundable.
Learned counsel for the parties have 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 offence.
Taking into account the submissions made by the learned
counsel for the parties and considering the fact that the
matrimonial dispute has been resolved by the parties by way of
compromise and they are living together as husband and wife, the
petition is allowed and the impugned FIR alongwith all subsequent
proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
Govind/
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