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Mevaram S/O Late Shri Nanuram B/C … vs State Of Rajasthan Through Pp on 10 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 4170/2018

Mevaram S/o Late Shri Nanuram B/c Jat
—-Petitioner
Versus
State Of Rajasthan Through Pp
—-Respondent

For Petitioner(s) : Mr. Mahendra Kumar
For Respondent(s) : Mr. Prakash Thakuriya, PP
Mr. Bhagwati Prasad

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

10/09/2018
Present petition has been filed under Section 482

Cr.P.C. seeking quashing of proceedings arsing out of impugned

FIR No. 229/2013 registered at Police Station Govindgarh, District

Jaipur, for offences under Sections 498-A and 406 IPC.

Counsel for the petitioner has contended that the

compromise arrived between the parties was presented before the

trial court. Trial court accepted the compromise qua offence under

Section 406 IPC but rejected the same in respect of offence under

Section 498-A IPC on the ground that the said offence is non-

cognizable.

Order passed by the trial court on 12.06.2018 reads as

under:-

“;g izkFkZuk i ifjokfn;k ltuk nsoh us
tfj;s vf/koDrk ckcr fn;s tkus vuqefr jkthukek
vUrxZr /kkjk 498,] 406 vkbZ0ih0lh0 dk is’k fd;k]
lquk x;k voyksdu fd;k x;kA /kkjk 406
vkbZ0ih0lh0 dk vijk/k dkfcys jkthukek gksus ,ao
(2 of 3) [CRLMP-4170/2018]

izdj.k ds rF;ksa ,ao ifjfLFkfr;ksa dks ns[krs gq;s
jkthukek dh vuqefr nh xbZA /kkjk 498, vkbZ0ih0lh
dk vijk/k] /kkjk 320 n.M izfØ;k lafgrk esa jkthukek
;ksX; ugha gS ,ao /kkjk 320 n.M izfØ;k lafgrk]
mi/kkjk ¼9½ esa of.kZr gS fd vijk/k dk ‘keu bl /kkjk
ds micU/kksa ds vuqlkj gh fd;k tk;sxk] vU;Fkk ughaA
vr% fof/k ds mijksDr izko/kkukuqlkj /kkjk 498, dk
vijk/k jkthukek ;ksX; ugha gksus ls izkFkZuk i
vkaf’kd :i ls Lohdkj dj /kkjk 406 vkbZ0ih0lh0 esa
jkthukek dh vuqefr nh xbZ o /kkjk 498,
vkbZ0ih0lh0 ds vijk/k esa jkthukek dh vuqefr ugha
nh xbZ o izkFkZuk i vkaf’kd :i ls [kkfjt fd;k
tkrk gS vkns’k lquk;k x;k izkFkZuk i layXu ewy
ikoyh jgsA

Sd/-

vfrfjDr flfoy U;k;k/kh’k ,ao
U;kf;d eftLVªsV pkSew] ftykt;iqjA”

Today Smt. Sajna Devi is present in court. She has

been identified by her counsel Mr. Bhagwati Prasad.

Counsel for the parties have vouchsafed the factum of

compromise.

Smt. Sajna Devi, has stated that she is living happily

with her husband and the parties after registration of the case

resumed their matrimonial relations.

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.

(3 of 3) [CRLMP-4170/2018]

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

482 Cr.P.C.

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

is accepted and the impugned F.I.R. bearing No.229/2013

registered at Police Station Govindgarh, District Jaipur, for

offences punishable under Sections 498-A and 406 IPC along with

all subsequent proceedings is, hereby, quashed.

(KANWALJIT SINGH AHLUWALIA),J

Heena/32

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