HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7304/2018
Vikas Nirmal Son Of Shri Bhagirath Nirmal, Aged About 33 Years,
Resident Of Guru Nanakpura, Thana Narnaul, District Mahendragarh
(Haryana).
—-Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Seema Sharma Wife Of Vikas Nirmal Daughter Of Shri
Kisanlal Sharma, Resident Of Shikshak Colony, Behror, District
Alwar (Raj)
—-Respondents
For Petitioner(s) : Mr. Neeraj Sharma
For Respondent(s) : Mr. Gaurav Kumar Gupta
For the State : Mr. Prakash Thakuriya, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
26/11/2018
Instant petition has been preferred under Section 482
Cr.P.C. seeking quashing of criminal proceedings in case arising out of
impugned F.I.R. No.91/2016 registered at Police Station Behrod District
Alwar for offences punishable under Sections 498-A and 406 I.P.C.
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.
Complainant/respondent No.2/aggrieved-wife – Smt. Seema
Sharma is present in person before this Court. She has been identified
by her Counsel – Mr. Gaurav Kumar Gupta.
Complainant/respondent No.2 – Smt. Seema Sharma,
present in person, has stated that her marriage was solemnized with
petitioner on 06.05.2013, as per Hindu Customs Rites. During
(2 of 3) [CRLMP-7304/2018]
subsistence of marriage, differences arose between them and she was
compelled to lodge impugned F.I.R. It is further stated that compromise
has been affected between the parties and the petitioner has agreed to
pay Rs.25,00,000/- towards ‘istridhan’, expenses of marriage and cost
of litigation. She has submitted that already Rs.12,50,000/- has been
paid to her by way of two cheques each amounting to Rs.6,25,000/-. It
is further submitted that the remaining amount of Rs.12,50,000/- shall
be paid to her by way of demand draft on the date when decree of
divorce shall be granted by the District Judge, Narnaul. She has stated
that already a petition for dissolution of marriage under Section 13-B of
the Hindu Marriage Act has been filed by way of mutual consent in the
Court of District Judge, Narnaul and the said petition is coming up for
final motion on 18.03.2019 before the said Court.
The learned counsel appearing for the parties have further
relied upon the order dated 02.11.2018 passed by the Court of
Additional Chief Judicial Magistrate, Behrod, whereby compromise was
accepted, qua offence punishable under Section 406 I.P.C. but was
rejected, qua offence punishable under Section 498-A I.P.C. on the
ground that the said offence is non-compoundable.
Complainant/respondent No.2 – Smt. Seema Sharma,
present in person, has stated that she is no longer interested to pursue
the impugned F.I.R.
The factum of compromise has also been vouchsafed by the
learned counsel appearing for the parties.
Counsel appearing for the respective parties have jointly
prayed that since the matrimonial dispute has been amicably resolved,
the criminal case pending between the parties arising out of F.I.R.
lodged by respondent No.2 be quashed, so that the parties can pursue
their life and move ahead.
(3 of 3) [CRLMP-7304/2018]
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-
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.91/2016 registered at Police Station Behrod District Alwar for
offences punishable under Sections 498-A and 406 I.P.C., along with all
subsequent proceedings, is quashed.
(KANWALJIT SINGH AHLUWALIA),J
ashok
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