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Shrey Dangi S/O Shri Balendra … vs State Of Rajasthan Through Pp on 25 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Cr. Misc. Petition No. 5601/2018

Shrey Dangi S/o Shri Balendra Singh Dangi, aged 31 Years, B/c
Jain, R/o Plot No.121, Mahaveer Colony, Vedla Road, Udaipur
District Udaipur, Raj.
—-Petitioner
Versus
1. State of Rajasthan through PP
2. Smt. Richa W/o Shri Shrey Dangi, D/o Shri Kuldeep Singh
Sikarwal, aged 33 years, B/c Rajput, R/o 36, Goverdhan
Colony, New Sanganer Road, Sodala, Jaipur, Raj., At
Present R/o Plot No.113, Flat No.G-2, Mahaveer
Residency, Awadh Path, Shrirampuri, Niwaru Road,
Jhotwara, Jaipur, Raj.
—-Respondents

For Petitioner(s) : Mr. Ashish Chauhan
For Respondent(s) : Ms. Meenakshi Pareek PP
Mr. Manoj Kumar Avasthi for
respondent no.2.

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

-/Order/-

25/09/2018

The present petition has been filed under Section 482

Cr.P.C. praying that proceedings pending in the court of Judicial

Magistrate, No.2, Jaipur District, Jaipur arising out of Cr. Case No.

1/15 titled as State of Rajasthan vs. Shrey Dangi be quashed as

matrimonial dispute has been amicably resolved between the

parties.

Smt. Richa complainant/respondent no.2 is present in

the court. She has been identified by her counsel Mr. Manoj Kumar

Avasthi.

(2 of 3) [CRLMP-5601/2018]

Learned counsel for the parties have vouchsafed the

factum of compromise.

Smt. Richa has stated that the petition under Section

13B of Hindu Marriage Act has already been filed and the said

petition is coming up for final motion before the Family Court

No.1, Jaipur. She has submitted that as per contents of the

divorce petition, the petitioner has already deposited various

Demand Drafts total amounting to Rs. 11,81,000/- in the Family

Court No.1, Jaipur and the said amount is to be released at the

time of grant of divorce.

It is submitted that the compromise was presented

before the trial court. The trial court accepted the said

compromise qua offence under Section 406 IPC but rejected the

same qua offence under Section 498A IPC. The order dated

10.8.2018 passed by the trial court reads as under:-

“bl izdj.k ij mHk;i{k e; vf/koDrkx.k mifLFkr vk;s o
izdj.k esa jkthukek gks tkus dk dFku fd;k o muds }kjk
iwoZ fnukad 6-6-18 dks izLrqr fd;s x;s izkFkZuk i ckcr
jkthukek ds vk/kkj ij izdj.k fuLrkj.k dks rLnhd fd;s
tkus dk fuosnu fd;kA lquk x;k o lala/khr ikoyh dk
voyksdu fd;k x;kA vfHk;qDr Js; Mkaxh dks muds vf/koDrk
Jh j.kohj flag us igpku fd;k rFkk ifjokfn;k _Ppk dks
muds vf/koDrk Jh lrh”k voLFkh us igpku fd;kA mHk;i{k
dh vksj ls jkthukek vUrxZr /kkjk 498A IPC esa ;g
jkthukek fnukad 6-6-18 dks izLrqr fd;k x;k gSA /kkjk 498 A
CRPC uk dkchy jkthukek gksus ls ;g jkthukek rLnhd ugh fd;k
tk ldrk gSA mHk;i{k }kjk izLrqr jkthukek izkFkZuk i /kkjk 498A
ds v’keuh; gksus ds dkj.k jkthukek mDr /kkjk 498 A IPC
(3 of 3) [CRLMP-5601/2018]

esa rLnhd ugh fd;k tk ldkA ikoyh okLrs lk{;
vfHk;kstu fnukad 26-10-18 dks is’k gksA ”

Smt. Richa, complainant/respondent has stated that

she no longer intends to pursue the FIR, hence, the same 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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