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Mrs Pooja Mathur vs State Of Raj And Anr on 9 May, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Misccellaneous (Petition) No. 2048/2018

Mrs. Pooja Mathur W/o Shri Vipul Mathur D/o Shri Kiran Mohan
Mathur, R/o 75/97, Shipra Path, Mansarovar, Jaipur.
—-Petitioner
Versus
1. The State Of Rajasthan Through P.p.
2. Shri Vipul Mathur S/o Shri Devendra Mathur, R/o H. No.
105/14, New Colony, Shahpura, Distt. Jaipur.
—-Respondents

For Petitioner(s) : Mr. Mridul Goswami
For Respondent(s) : Mr. Prakash Thakuriya PP

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

09/05/2018
The present petition has been filed under Section 482
Cr.P.C., seeking of quashing of FIR No. 109/2016 registered at
Police Station Mahila Thana South, Jaipur for the offences under
Sections 498A and 406 IPC.

Mrs. Pooja Mathur, the petitioner/complainant is
present in the court. She has been identified by her counsel Mr.
Mridul Goswami. The petitioner has stated that she was married
with the respondent no.2 on 3.6.2013 as per Hindu customs and
rites. It is stated that the matrimonial relations turned sour,
hence, the petitioner was compelled to lodge the aforesaid FIR. It
is stated that during the pendency of the proceedings, better
sense prevailed and now matrimonial dispute has been amicably
resolved.

The learned counsel for the petitioner has vouchsafed
the factum of compromise.

The learned counsel for the petitioner has drawn
attention of this Court to the order dated 20.2.2018 passed by the
trial court, whereby compromise was accepted for the offence
(2 of 2) [CRLMP-2048/2018]

under Section 406 IPC but same was rejected qua offence under
Section 498A IPC on the ground that the said offence is non-
compoundable.

The petitioner present in the court has stated that
already petition under Section 13B of Hindu Marriage Act has been
filed in the Family Court NO.2, Jaipur and in the said proceedings,
respondent husband has already deposited Rs.8 Lakhs by way of
three drafts dated 16.2.2018. The complainant/petitioner
aggrieved wife has stated that since continuation of the criminal
proceedings is impediment in grant of divorce by the Family Court,
the impugned FIR may be quashed.

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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