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Mitesh Goyal S/O Shri Madan Gopal … vs State Of Rajasthan on 27 July, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3963/2018

Mitesh Goyal S/o Shri Madan Gopal Goyal , Aged About 29 Years,
R/o Plot No. 124 Alaknanda Apartment, Girnar Colony, Vaishali
Nagar, Jaipur (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan , Jaipur
2. Anita Singhal W/o Shri Mitesh Goyal D/o Shri Dharmedra
Kumar Singhal , R/o Plot No B/6/369 Chitrakoot Colony,
Vaishali Nagar, Jaipur (Rajasthan)
—-Respondents

For Petitioner(s) : Mr. Kapil Totla
For Respondent(s) : Mr. Aladeen Khan PP
Mr. PC Sharma

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

-/Order/-

27/07/2018

The present petition has been filed under Section 482

Cr.P.C. praying that the proceedings arising out of case FIR No.

0147/2017 at Police Station Mahila Thana, Jaipur West for the

offences under Sections 498A, 406, 323, 341, 354B, 504, 306,

377, 376, 511 IPC and Sections 3 and 4 of Dowry Prohibition Act,

be quashed.

The learned counsel for the petitioner has submitted

that after thorough investigation, the investigating agency had

only submitted charge-sheet qua offences under Sections 498A

and 406 IPC.

(2 of 3) [CRLMP-3963/2018]

In the present case, quashing of FIR has been sought

on the basis of compromise, as it is stated that parties have

amicably resolved the matrimonial dispute.

Respondent no.2 Anita Singhal on 28.3.2015 was

married with petitioner Mitesh Goyal as per Hindu customs and

rites. Subsequently, differences arose and the above said

impugned FIR was lodged by the complainant/respondent no.2.

However, later better sense prevailed upon the parties and they

have decided to amicably resolved the dispute.

An application alongwith compromise was filed before

the trial court. The trial court on 13.6.2018 accepted the

compromise qua offence under Section 406 IPC only, now

proceedings are pending qua offence under Section 498A IPC only.

The order dated 13.6.2018 passed by the trial court reads as

under:-

“ifjokfn;k vfurk e; vf/koDrk Jh rkjkpUn ,M0 mifLFkrA vfHk;qDr

fers’k xks;y e; vf/koDrk Jh dfiy rksryk mifLFkrA i{kdkjku dh

f’kuk[r muds vf/koDrkx.k }kjk dh x;hA jkthukek i+dj lquk;k o

lek;k x;kA jkthukek lgh LosPN;k ls o yksd vnkyr dh Hkkouk ls

fd;k tkuk tkfgj fd;k x;k] tks Lohd`r fd;k x;kA vr% mDr

jkthukek vurxZr /kkjk 406 Hkk-n-la- esa fu;ekuqlkj rLnhd fd;k tkrk

gSA ‘kkfey ikoyh jgsA ”

Today, complainant/respondent no.2 Anita Singhal is

present in the court. She has been identified by her counsel Mr. PC

Sharma.

The complainant/respondent no.2 Anita Singhal has

stated that a petition under Section 13B of Hindu Marriage Act has

already been filed and the same is pending in the Family Court

No.1, Jaipur and is coming for final motion on 14.12.2018.

(3 of 3) [CRLMP-3963/2018]

Respondent no.2 Anita Singhal has further stated that she has

received Rs.32,00,000/- from the petitioner towards permanent

alimony, Stridhan, litigation, and expenses of marriage. The

complainant/respondent no2. Anita Singhal has stated before this

Court that she no longer intends to pursue the present FIR and,

hence, same may be quashed.

The learned counsel for the parties have vouchsafed the

factum of compromise.

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),

relied by the parties, the present petition is accepted and

impugned FIR along with all its subsequent proceedings is

quashed.

(KANWALJIT SINGH AHLUWALIA),J

Mak/-

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