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Judgments of Supreme Court of India and High Courts

Mahesh Soni S/O Durga Shankar B/C … vs Smt Sheela Soni W/O Mahesh Soni B/C … on 6 August, 2018

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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