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Pankaj Sharma S/O Shri Suresh … vs State Of Rajasthan on 21 January, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 6982/2018

Pankaj Sharma S/o Shri Suresh Kumar Sharma, R/o E-727, Near
Amrapali Circle, Behind Gupta Store, Vaishali Nagar, Jaipur.
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Sneha Sharma D/o Umesh Bihari Sharma, R/o 264/154,
Sector 26, Pratap Nagar, Near Nri Circle, Jaipur.
—-Respondents

For Petitioner(s) : Mr. Sumit Khandelwal
For Respondent(s) : Ms. Meenakshi Pareek PP
Mr. Pankaj Jain for respondent no.2.

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

-/Order/-

21/01/2019

The present petition has been filed under Section 482

Cr.P.C. seeking quashing of proceedings arising out of case FIR

No.127/2017 registered at Police Station Mahila Thana, Jaipur City

(East) for the offences under Sections 498A and 406 IPC.

In the present case, quashing of FIR has been sought

on the basis of compromise.

Sneha Sharma, respondent no.2 is present in the court.

She has been identified by her counsel Mr. Pankaj Jain.

Sneha Sharma, respondent no.2 has stated that on

17.1.2016 she was married with petitioner as per Hindu customs

and rites. It is submitted that due to difference of opinion, she was

compelled to lodge the impugned FIR.

(2 of 3) [CRLMP-6982/2018]

Learned counsel for the respondent no.2 has submitted

that due to intervention of respectables, elders of the family and

common relations, the matrimonial dispute has been amicably

resolved.

Sneha Sharma, respondent no.2 has stated that the

petitioner had agreed to pay Rs.Four Lakhs and Fifty Thousands

towards Stridhan, expenses on marriage, permanent alimony and

cost of litigation etc.

Sneha Sharma complainant/respondent no.2 has stated

that she filed a divorce petition and in the same ex-parte decree of

divorce has been granted.

Learned counsel for the petitioner has contended that

the petitioner has accepted the ex-parte decree of divorce and he

has decided not to challenge the same.

Learned counsel for the parties have vouchsafed the

factum of compromise and has also drawn attention of this Court

to the joint application Annexure-2 filed by the parties before the

court of Magistrate. Learned counsel for the parties have

submitted that vide order dated 25.10.2018, the trial court

accepted the compromise qua offence under Section 406 IPC as

the said offence is compoundable. It is further contended that the

trial court rejected the compromise qua offence under Section

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

compoundable.

Sneha Sharma, respondent no.2 has submitted that she

has received Rs. Four Lakhs and Fifty Thousands as agreed to be

paid by petitioner. She prayed that the impugned FIR be quashed

as she no longer intends to pursue the same.

(3 of 3) [CRLMP-6982/2018]

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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