HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4298/2018
1. Parveen Kumar Sharma, Son Of Sh. Ram Swaroop, R/o
Mohalla Manpura Behror, Tehsil Behror, Distt. Alwar, Rajasthan.
2. Ram Swaroop, S/o Late Budh Ram, R/o Shakti Vihar Colony,
Behror, Tehsil Behror, Distt. Alwar, Rajasthan.
3. Smt. Pushpa Devi, W/o Sh. Ram Sawroop, R/o Shakti Vihar
Colony, Behror, Tehsil Behror, Distt. Alwar, Rajasthan.
—-Petitioners
Versus
1. State Of Rajasthan, Rajasthan
2. Smt. Ritu D/o Sh. Surender Kumar Sharma, R/o Mohalla
Manpura Behror, Tehsil Behror, Distt. Alwar, Rajasthan.
—-Respondents
For Petitioner(s) : Mr. Abhi Goyal
For Respondent(s) : Mr. M.S. Shekhawat
For the State : Mrs. Meenakshi Pareek, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
30/08/2018
Instant petition has been preferred under Section 482
Cr.P.C. seeking quashing of impugned F.I.R. No.532 of 2012 registered
at Police Station Behrod District Alwar for offences punishable under
Sections 498-A and 406/34 of Indian Penal Code.
In the present case, quashing of impugned F.I.R. has been
sought on the basis of compromise affected between the parties.
Mr. Abhi Goyal, ld. counsel appearing for the petitioners and
Mr. M.S. Shekhawat, ld. counsel appearing for the respondent No.2,
have jointly submitted that the matrimonial dispute has been amicably
resolved between the parties.
(2 of 3) [CRLMP-4298/2018]
Smt. Ritu, complainant/respondent No.2 is present in
person before this Court. She has been identified by her Counsel Mr.
M.S. Shekhawat.
Smt. Ritu, complainant/respondent No.2, present in person,
has stated that she was married, as per Hindu Customs Rites, on
27.01.2012 with Praveen Kumar Sharma, petitioner No.1 herein.
During subsistence of marriage, differences arose and
complainant/respondent No.2 was compelled to file impugned F.I.R.
Complainant/respondent No.2 – Smt. Ritu, present in
person, has stated that the matter has been amicably resolved between
the parties. She has further stated that a petition under Section 13-B of
the Hindu Marriage Act for dissolution of marriage was filed by way of
mutual consent. Complainant/respondent No.2, present in person, has
stated she has received Rs.3,50,000/- towards permanent alimony and
the Family Court, Behrod, has already granted decree of divorce by way
of mutual consent. Lastly, she has prayed that she no longer intend to
pursue the case arising out of the impugned F.I.R..
The learned counsel appearing for the petitioners has
submitted that the compromise was presented before the trial Court.
The trial Court accepted the same, qua offence punishable under
Section 406 I.P.C. but rejected the same, qua offence punishable under
Section 498-A I.P.C. on the ground that the said offence is non-
compoundable.
The learned counsels appearing for the respective parties
have jointly prayed that since the matrimonial dispute has been
amicably resolved, the criminal cases pending between the parties as
well as impugned F.I.R. be quashed, so that the parties can pursue their
life and move ahead.
I have heard the learned counsels appearing for the parties
and have perused the contents of the instant petition.
(3 of 3) [CRLMP-4298/2018]
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.
Furthermore, in the case of B.S. Joshi Vs. State of
Harayana, reported as [(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 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 and
in view of law laid down by the Apex Court in the case of B.S. Joshi
[supra], the present petition is allowed. The impugned F.I.R. No.532
of 2012 registered at Police Station Behrod District Alwar for offences
punishable under Sections 498-A and 406/34 of Indian Penal Code,
along with all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
ashok
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