HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 1201/2018
Mahima Sharma W/o Abhinav Sharma D/o Shri Sunil Kumar
Sharma, R/o E-31, Govindpuri, Ramnagar, Sodala, Jaipur.
1. State Of Rajasthan Through P.p.
2. Abhinav Sharma S/o Pramod Kumar Sharma, R/o D-3
Janpath, Shastri Nagar, Near Rpa Jaipur.
3. Pramod Kumar Sharma S/o Late Shri Govind Prasad
Sharma, R/o D-3 Janpath, Shastri Nagar, Near Rpa Jaipur.
4. Smt. Pratibha Sharma W/o Pramod Kumar Sharma, R/o
D-3 Janpath, Shastri Nagar, Near Rpa Jaipur.
For Petitioner(s) : Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. Prakash Thakuriya PP
Mr. Amit Dadhich
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
The present petition has been filed under Section 482
Cr.P.C. on behalf of the complainant aggrieved wife praying that
the order dated 3.2.2018 passed by Metropolitan Magistrate,
No.12, Jaipur City, Jaipur, whereby compromise affected between
the parties was partially accepted for the offence under Section
406 IPC on the ground that the same is compoundable and was
rejected qua offence under Section 498A IPC for the reason that
the said offence is non-compoundable, be set aside.
Briefly stated, the petitioner was married with Abhinav
Sharma on 22.1.2014, as per Hindu rites and customs. Due to
(2 of 3) [CRLMP-1201/2018]
difference of opinion, matrimonial relations turned sour and
consequently, petitioner lodged FIR No. 38/2016 registered at
Police Station Mahila Thana, Jaipur (South) for the offences under
Sections 498A and 406 IPC. Later better sense prevailed upon the
parties and they amicably resolved the matrimonial dispute.
Ms. Mahima Sharma, aggrieved wife is present in the
court. She has stated that it has been agreed that she will be paid
Rs.6 Lakhs towards permanent alimony. However, she further
submitted that out of said Rs.6 Lakhs, the amount of Rs.4 Lakhs
has been received by her and Rs.2 Lakhs is to be received at the
time of grant of decree of divorce by way of mutual consent under
Section 13B of Hindu Marriage Act.
Mr. Amit Dadhich, the learned counsel for the
respondent has submitted that next date fixed before the Family
Court, Jaipur is 1.5.2018 and on or before the said date, Rs. 2
Lakhs shall be deposited by the respondent Abhinav Sharma in the
Family Court, Jaipur, where the petition under Section 13B of
Hindu Marriage Act is pending.
It is also agreed that after decree of divorce is granted
by the Family Court, the amount of Rs.2 Lakhs in the Family Court
so deposited shall be disbursed to the petitioner aggrieved wife.
The learned counsel for the parties have jointly relied
upon B.S. Joshi Ors. vs. State of Haryana Anr., 2003
Cri.L.J. 2028, to contend that this Court while exercising
jurisdiction under Section 482 Cr.P.C. in furtherance of interest of
justice in matrimonial dispute may bring families at peace by
On the prayer made by the learned counsel for the
parties, in view of the judgment in the case of B.S. Joshi (supra),
(3 of 3) [CRLMP-1201/2018]
relied by the parties, the present petition is accepted and
impugned FIR along with all its subsequent proceedings is
quashed. It is further ordered that respondent husband Abhinav
Sharma shall deposit Rs. 2 Lakhs on or before first of May, 2018 in
the family court, where divorce petition is pending and after
decree of divorce is issued amount shall be disbursed to the
petitioner aggrieved wife.
(KANWALJIT SINGH AHLUWALIA),J