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Mahima Sharma vs State Of Raj And Ors on 15 March, 2018

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.
—-Petitioner
Versus
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.
—-Respondents

For Petitioner(s) : Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. Prakash Thakuriya PP
Mr. Amit Dadhich

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

15/03/2018

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

quashing FIR.

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

Mak/-

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