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Vishvajeet Mahendiya S/O Shri … vs State Of Rajasthan on 14 September, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 5318/2018

Vishvajeet Mahendiya S/o Shri Ramkanwar B/c Mahendiya Ors.
—-Petitioners
Versus
State Of Rajasthan Anr.
—-Respondents

Connected With
S.B. Criminal Miscellaneous (Petition) No. 5325/2018
Vishwajeet Mahendiya S/o Shri Ramkanwar Mahendiya Ors.

—-Petitioners
Versus
State Of Rajasthan Anr.

—-Respondents

For Petitioner(s) : Mr. Rajneesh Gupta
For Respondent(s) : Mr. M.C. Morya
Ms. Meenakshi Pareek, PP

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

14/09/2018
Over-looking the defects pointed out by the Registry,

S.B. Criminal Misc. Petition No.5318/2018 and S.B. Criminal Misc.

Petition No.5325/2018 are taken on board.

In both the petitions. a prayer has been made under

Section 482 Cr.P.C. that the proceedings arising out of impugned

FIR No.157/2011 registered at Police Station Mahila Thana, Jaipur

City(South), for offences under Sections 498-A and 406 IPC and

Section 4 of Dowry Prohibition Act, be quashed in view of

compromise arrived between the parties.

Smt. Preetibala respondent No.2 complainant is present

in court. She has been identified by her counsel Mr. M.C. Morya.

(2 of 3) [CRLMP-5318/2018]

Smt. Preetibala, has stated that on 11.02.2008 she was

married with Vishvajeet Mahendiya petitioner No.1 as per Hindu

Customs and Rites.

During the pendency of the proceedings matrimonial

dispute has been amicably resolved.

It is submitted that parties have obtained a divorce

under Section 13-B of Hindu Marriage Act and thereafter,

petitioner No.1 has paid Rs.10 lakhs to respondent No.2. It is

further submitted that settlement/agreement was also produced

before a Division Bench of this court and a Division Bench of this

court on 02.05.2018 took note of the same in D.B. Civil Misc.

Appeal No. 3409/2017.

The compromise arrived between the parties was

presented before the trial court, the trial court accepted the

compromise for offence under Section 406 IPC on the ground that

the said offence is compoundable, but rejected the same qua

offence under Section 498-A IPC on the ground that the said

offence is non-compoundable.

I have heard the learned counsel appearing for the

parties and 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 in [(2003) 4 S.C.C. 675], the Apex Court has opined

that although offence under Section 498-A I.P.C. is non-

(3 of 3) [CRLMP-5318/2018]

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 this court 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, present in person and in view of law laid down by the

Apex Court in the case of B.S. Joshi [supra], the present petitions

are accepted and the impugned F.I.R. bearing No.157/2011

registered at Police Station Mahila Thana, Jaipur City(South), for

offences under Sections 498-A and 406 IPC and Section 4 of

Dowry Prohibition Act, along with all subsequent proceedings is,

hereby, quashed.

(KANWALJIT SINGH AHLUWALIA),J

Heena/22-23

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