HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7130/2018
Sudhir Chauhan S/o Shri Rajpal Singh B/c Rajput, R/o 242, Naya
Majra, Mini Byepass, Lakdi, Hazalpur, Muradabad, Up.
1. State Of Rajasthan, Through Pp.
2. Priti Chauhan W/o Shri Sudhir Chauhan, D/o Nav Singh
Chauhan B/c Rajput, R/o 26, Vinayak Vihar, Bajrang Dwar
Kalwar Road, Jhotwara, Jaipur, Raj.
For Petitioner(s) : Mr. RB Sharma
For Respondent(s) : Ms. Meenakshi Pareek PP
Mr. Giriraj P. Sharma for respondent
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
The present petition has been filed under Section 482
Cr.P.C. seeking quashing of FIR No.0265/2017 registered at Police
Station Mahila Thana, Jaipur (West) for the offences under
Sections 498A, 406 and 354 IPC.
In the present case, quashing of FIR has been sought
on the basis of compromise.
Priti Chauhan, respondent no.2 is present in the court.
She has been identified by her counsel Mr. Giriraj P. Sharma. Mr.
Sudhir Chauhan petitioner no.1 is also present in the court and he
has been identified by his counsel Mr. R.B. Sharma.
Priti Chauhan, respondent no.2 has stated that on
22.4.2016 she was married with petitioner no.1 as per Hindu
(2 of 3) [CRLMP-7130/2018]
customs and rites. It is submitted that due to difference of
opinion, she was compelled to lodge the impugned FIR.
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
Priti Chauhan, respondent no.2 has stated that the
petitioner no.1 Sudhir Chauhan has agreed to pay Rs.15 Lakhs
towards Stridhan, expenses on marriage, permanent alimony and
cost of litigation etc.
Learned counsel for the parties have drawn attention of
this Court to the compromise Annexure-2 presented before the
trial court. The trial court vide order dated 28.9.2018 accepted the
said compromise for the offences under Sections 406 IPC and
acquitted petitioner qua said offence as the same is
compoundable, however, the trial court rejected the said
compromise qua offence under Section 498A IPC on the ground
that the said offence is non-compoundable.
Petitioner no.1 and respondent no.2 have jointly
submitted that they shall remain bound by compromise Annexure-
2 affected between the parties.
Priti Chauhan, respondent no.2 has submitted that she
has received in all Rs.15 Lakhs paid by petitioners. She has
submitted that the divorce petition under Section 13B of Hindu
Marriage Act for dissolution of marriage by way of mutual consent
is pending in the Family Court No.1, Jaipur. It is submitted that
the divorce petition under Section 13B of Hindu Marriage Act is
coming for final motion on 6.12.2018.
(3 of 3) [CRLMP-7130/2018]
Priti Chauhan, complainant/respondent no.2 has prayed
that the impugned FIR be quashed as she no longer intends to
pursue the same.
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
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
(KANWALJIT SINGH AHLUWALIA),J
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