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Mohit Sharma And Ors vs State Of Raj And Anr on 2 April, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 1504/2018

1. Mohit Sharma S/o Shri Mamchand Sharma B/c Brahmin,
R/o 322A, Masjid Moth South Extension-Ii, New Delhi,
Police Station Haujkhas, New Delhi.
2. Mamchand Sharma S/o Pandit Harvansh Sharma B/c
Brahmin, R/o 322A, Masjid Moth South Extension-Ii, New
Delhi, Police Station Haujkhas, New Delhi.
3. Umlesh Sharma W/o Shri Malchand Sharma B/c Brahmin,
R/o 322A, Masjid Moth South Extension-Ii, New Delhi,
Police Station Haujkhas, New Delhi.
—-Petitioners
Versus
1. State Of Rajasthan Through Pp.
2. Smt. Rekha Sharma D/o Shri Ganesh Narayan Sharma,
W/o Shri Mohit Sharma B/c Brahmin, Aged About Major,
R/o Plot No.m-15, Ramnagar, Sodala, Police Station
Sodala, Jaipur.
—-Respondents

For Petitioner(s) : Ms. Aanchal Singh for Mr. RB Mathur
For Respondent(s) : Mr. Prakash Thakuriya PP
Mr. Deen Dayal Khandelwal

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

02/04/2018

The present petition has been filed under Section 482

Cr.P.C., seeking quashing of FIR No.64/2014 registered at Police

Station Mahila Thana, Jaipur City, South, for the offences under

Sections 498A, 406, 420, 323, 504, 506 and 120B IPC.

The petitioner no.1 on 7.12.2012 was married with

Rekha Sharma, respondent no.2, as per Hindu customs and rites.

During subsistence of marriage, differences arose and as a result
(2 of 3) [CRLMP-1504/2018]

thereof, respondent no.2 lodged case FIR No.64/2014 registered

at Police Station Mahila Thana, Jaipur City, South, for the offences

under Sections 498A, 406, 420, 323, 504, 506 and 120B IPC.

During the pendency of the litigation, better sense

prevailed upon the parties and they amicably arrived at

settlement. An application was filed before the trial court for

composition of the offences. The trial Judge vide impugned order

dated 22.2.2018 accepted the compromise qua offence under

Section 406 IPC, however, same was rejected qua offence under

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

compoundable.

The present petition has been filed under Section 482

Cr.P.C. on behalf of the husband and her parents seeking quashing

of the impugned FIR, on the basis of compromise. Respondent

no.2 is present in the court. She has been identified by her

counsel Mr. Deen Dayal Khandelwal.

Mr. Deen Dayal Khandelwal, counsel for the respondent

no.2 has vouchsafed the factum of compromise and has further

submitted that the petitioner no.1 has agreed to pay Rs.20 Lakhs

to the complainant/respondent no.2 towards permanent alimony,

expenses of marriage, cost of litigation etc. It is stated that

amount of Rs.20 Lakhs by way of Demand Draft has been

deposited in the Family Court No.1, , Jaipur, where petition under

Section 13 B of Hindu Marriage Act has been filed for grant of

divorce by way of mutual consent.

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
(3 of 3) [CRLMP-1504/2018]

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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