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Sudhir Chauhan S/O Shri Rajpal … vs State Of Rajasthan on 27 November, 2018

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.
—-Petitioner
Versus
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.
—-Respondents

For Petitioner(s) : Mr. RB Sharma
For Respondent(s) : Ms. Meenakshi Pareek PP
Mr. Giriraj P. Sharma for respondent
no.2.

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

-/Order/-

27/11/2018

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

resolved.

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

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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