Rajasthan High Court - Jaipur
Mohan Lal S/O Phoolchand Meena B/C Meena vs State Of Rajasthan on 12 March, 2019
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1713/2019
Mohan Lal S/o Phoolchand Meena B/c Meena, R/o Thana
Dhundpuri, Dhani Data, Ps Tehla, District Alwar.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Savitri D/o Kanhiya Lal, W/o Mohan Lal B/c Meena, R/o
Dhani Tejala, Bhanwati, Ps Kolwa, District Dausa.
----Respondents
For Petitioner(s) : Mr. Jitendra Pandey For Respondent(s) : Mr. Arvind Kumar Chawala PP Mr. Dushyant Jain for respondent no.2 HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
-/Order/-
12/03/2019 The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.213/2015 registered at Police Station Kolwa, District Dausa for the offences under Sections 498A and 406 IPC.
In the present case, quashing of FIR has been sought on the basis of compromise.
Savitri, respondent no.2 is present in the court. She has been identified by her counsel Mr. Dushyant Jain. Mohan Lal petitioner is also present in the court and he has been identified by his counsel Mr. Jitendra Pandey.
Savitri, respondent no.2 has stated that on 25.11.1989 she was married with petitioner as per Hindu customs and rites. It (2 of 3) [CRLMP-1713/2019] 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.
Learned counsel for the petitioner has submitted that the compromise was presented before the trial court.
The trial court on 1.3.2019 passed the following order:-
"01-03-2019 lgk;d vfHk;kstu vf/kdkjh mifLFkrA vfHk;qDr eksguyky e; vf/koDrk mifLFkrA ifjokfn;k lkfo=h nsoh e; vf/koDrk Jh ch-,y- 'kekZ mifLFkrA ifjokfn;k lkfo=h nsoh dh vksj ls vf/koDrk Jh ch-,y- 'kekZ us odkyrukek is'k fd;kA 'kkfey fely jgsA ifjokfn;k us ,d izkFkZuk i= i`Fkd ls /kkjk 498,] 406 Hkkjrh; n.M lafgrk esa jkthukek dh vuqefr ckcr~ is'k fd;kA izkFkZuk i= ij mHk;i{kdkjku~ dks lquk x;kA /kkjk 406 Hkkjrh; n.M lafgrk] /kkjk 320 lhvkj-ih-lh- ds rgr jkthukek ;ksX; /kkjk gksus ls jkthukek dh vuqefr nh tkdj jkthukek i`Fkd ls izkFkZuk i= dh iq'r ij rLnhd fd;k x;kA jkthukek 'kkfey fely jgsA i{kdkjku~ us /kkjk 498,] Hkkjrh; n.M lafgrk esa Hkh jkthukek dh vuqefr pkgh gS] ijarq 498, Hkkjrh; n.M lafgrk] /kkjk 320 lhvkj-ih-lh- ds rgr jkthukek ;ksX; /kkjk ugha gksus ls jkthukek rLnhd ugha fd;k x;k vkSj vLohdkj fd;k x;kA vfHk;qDr eksguyky dks /kkjk 406 Hkk0na0la0 ds vkjksi ls c:os jkthukek nks"keqDr fd;k tkrk gSA izdj.k esa vc dsoy /kkjk 498, Hkk0na0la0 dk (3 of 3) [CRLMP-1713/2019] vkjksi vfHk;qDr ds fo:) 'ks"k gSA izdj.k esa 'ks"k leLr xokgku tfj;s lEeu ryc gksdj i=koyh fnukad 18-04-2019 dks is'k gksA"
Savitri, respondent no.2 has submitted that parties have filed a divorce petition under Section 13B of Hindu Marriage Act for dissolution of marriage by way of mutual consent. It is submitted that the divorce petition under Section 13B of Hindu Marriage Act is pending before Additional District Judge, Bundikui.
Savitri, 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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