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Sushil Kumar vs State Of Raj And Anr on 12 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3313/2018

Sushil Kumar S/o Shri Hari Ram B/c Jat, R/o Bakra, Tehsil Jhunjhunu,
Police Station Sadar Jhunjhunu, District Jhunjhunu, Raj.

—-Petitioner

Versus

1. State Of Rajasthan Through Pp.

2. Smt. Pramila D/o Rohitash B/c Jat, R/o Bakra, Tehsil And
District Jhunjhunu, At Present R/o Mohabbatsari, Police Station
Mukundgar, District Jhunjhunu, Raj.

—-Respondents

For Petitioner(s) : Mr. Nawal Singh Sikarwar
For Respondent(s) : Mr. Rohit Saini
For the State : Mr. Prakash Thakuriya, P.P.

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

/ Order

12/09/2018
Instant petition has been preferred under Section 482

Cr.P.C. praying therein that the proceedings arising out of impugned

F.I.R. No.225/2014 registered at Police Station Mukundgarh District

Jhunjhunu for offences punishable under Sections 498-A, 406 and 109

of Indian Penal Code, be quashed.

In the present case, quashing of impugned F.I.R., along with

all subsequent proceedings has been sought on the basis of compromise

affected between the parties.

The learned counsel appearing for the petitioner has

submitted that in the divorce petition filed by the respondent No.2-

Smt. Pramila, decree of divorce was granted and aggrieved against the

same, husband had filed D.B. Civil Miscellaneous Appeal No.4771/2017

in this Court.

(2 of 4) [CRLMP-3313/2018]

A Division Bench of this Court on 07.05.2018 in D.B. Civil

Miscellaneous Appeal No.4771/2017 pending between the parties had

passed the following order :-

“By this appeal, a challenge is made to the order dated 11th
August, 2017, whereby, an application filed by the non-
appellant-wife under Section 13 of the Hindu Marriage Act,
1955 (for short “the Act of 1955”) was allowed by the Family
Court, Jhunjhunu. The amount of Rs.5 lac has been awarded
towards permanent alimony and is opposed as it is without a
prayer in the divorce petition.

The parties, present in person, were persuaded and they have
settled the disputes inter se between them on the following
terms:

1. The appellant would not press the appeal for challenge to the
order passed under Section 13 of the Act of 1955, therefore,
decree for divorce is confirmed.

2. The appellant has agreed to pay a sum of Rs.5 lac towards
permanent alimony. It is in settlement of all the disputes inter
se between the parties, however, with the prayer to allow
payment of permanent alimony in five instalments. The
aforesaid has been agreed by the parties and, accordingly, even
no dispute remains regarding payment of permanent alimony.

3. The payment of permanent alimony would be made by the
appellant in five monthly instalments of Rs.1 lac per month. The
first instalment of Rs.1 lac would be paid on 15th June, 2018
and, thereupon, remaining to be paid on 15th day of every
month.

4. The non-appellant would support the appellant for quashing
the proceedings under Section 498A 406 IPC in terms of
settlement. Accordingly, the appellant would file a criminal
misc. petition under Section 482 Cr.P.C. for dropping of the
criminal proceedings in view of judgment of the Apex Court in
the case of B.S. Joshi Ors. Vs. State of Haryana Anr.,
reported in (2003) 4 SCC 675 .

5. The non-appellant would not raise any other claim either for
herself or for her son.

6. If any party commits default in making compliance of this
order, either of the parties would be at liberty to file an
application for initiation of proceedings against the defaulter.

The appeal stands disposed of with the aforesaid.”

Today, Smt. Pramila, complainant/respondent No.2 is

present in person before this Court. She has been identified by her

Counsel Mr. Rohit Saini.

(3 of 4) [CRLMP-3313/2018]

Smt. Pramila, complainant/respondent No.2 present in

person, has stated that out of Rs.5,00,000/-, she has already received

Rs.3,00,000/- from the petitioner/ husband.

Counsel appearing for the petitioner has handed over two

Demand Drafts amounting to Rs.1,00,000/- each to complainant/

respondent No.2 – Smt. Pramila.

Smt. Pramila, complainant/respondent No.2 present in

person, has prayed that in view of the order passed by the Division

Bench of this Court, the criminal proceedings be dropped against the

petitioner.

Counsel appearing for the petitioner/husband has contended

that the custody of the child will remain with him.

Smt. Pramila, complainant/respondent No.2 present in

person, has stated that the matter has been amicably resolved between

the parties. Lastly, Smt. Pramila has submitted that she no longer

intend to pursue the present F.I.R. and the same be quashed.

Counsel 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.

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-

(4 of 4) [CRLMP-3313/2018]

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.225/2014 registered at Police Station Mukundgarh District

Jhunjhunu for offences punishable under Sections 498-A, 406 and 109

of Indian Penal Code, is quashed, along with all subsequent

proceedings.

(KANWALJIT SINGH AHLUWALIA),J
ashok

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