HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7358/2018
Shailesh Sharma S/o Shri Sitaram Sharma B/c Brahmin, R/o Plot
Number 4E, Binajari Marg, Bainad Road, Dadi Ka Phatak,
Jhotwara, Jaipur West, Jaipur, Raj.
1. State Of Rajasthan, Through Pp.
2. Smt. Shweta Sharma D/o Shri Mahendra Kumar Sharma,
W/o Shri Shailesh Sharma, R/o Village Baniyana, Tehsil
Dausa, Police Station Lawan, District Dausa, Raj., At
Present R/o Plot Number 4E, Binajari Marg, Bainad Road,
Dadi Ka Phatak, Jhotwara, Jaipur West, Jaipur, Raj.
For Petitioner(s) : Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. V.S. Godara, PP for State
Mr. Puneet Saini, for respondent No.2
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present petition has been filed under Section 482 Cr.P.C.
seeking quashing of case FIR No.106/2016, registered at Police
Station Mahila Thana, Jaipur (West) for offences under Sections
498-A, 406 IPC. In the present case quashing of FIR has been
sought on the basis of compromise arrived between the parties.
Smt. Shweta Sharma, complainant-respondent No.2, is
present in court. She has been identified by her counsel Shri
Smt. Shweta Sharma, complainant, has stated that out of
wedlock a daughter aged two and a half years was born. Smt.
(2 of 2) [CRLMP-7358/2018]
Shweta Sharma carrying a child in her lap has stated that now due
to intervention of family members, matrimonial dispute has been
amicably resolved and now, she is residing happily in her
matrimonial home. Smt. Shweta Sharma has stated that she no
longer intend to pursue the present FIR.
Learned counsel for the parties have vouchsafed the factum
of compromise and have drawn attention of this court to the order
dated 20.10.2018 passed by the Judicial Magistrate No.2, Jaipur
District whereby the Magistrate has attested the compromise for
offence under Section 406 IPC being compoundable offence,
however, rejected the same for offence under Section 498-A IPC
on the ground that the said offence is non-compoundable.
Learned counsel for the petitioner has relied upon B.S. Joshi
Ors. v. State of Haryana, (2003) 4 SCC 675, to contend that
in matrimonial matters, to bring families at peace, this court while
invoking inherent powers under Section 482 Cr.P.C. can quash the
FIR and subsequent criminal proceedings even for non-
Taking into account the submissions made by the learned
counsel for the parties and considering the fact that the
matrimonial dispute has been resolved by the parties by way of
compromise, present petition is allowed and the impugned FIR
alongwith all subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J
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