Rajasthan High Court - Jaipur
Smt Laxmi Devi And Anr vs State Of Raj And Anr on 23 May, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2082/2018
1. Smt. Laxmi Devi W/o Vikash Sharma, D/o Shri
Satyanarayan Sharma B/c Brahmin, R/o Infront Of
Rajshree Guest House, Bavdi Gate, Fatehpur, District
Sikar, Raj.
2. Ashish Sharma S/o Shri Satyanarayan Sharma B/c
Brahmin, R/o Infront Of Rajshree Guest House, Bavdi
Gate, Fatehpur, District Sikar, Raj.
----Petitioners
Versus
1. State Of Rajasthan Through Pp.
2. Vikash Sharma S/o Shri Anokhilal Sharma B/c Brahmin,
R/o House No.287, Ward No.28, Near Saini Dharam
Kanta, Ringus Road, Chomu, District Jaipur, Raj.
----Respondents
Connected With S.B. Criminal Miscellaneous (Petition) No. 2203/2018
1. Smt Laxmi Devi D/o Shri Satyanarayan, B/c Brahman, R/o In Front Of Raj Shri Gust House, Bawdi Gate Fatahpur, District Sikar (Rajasthan).
2. Ashish Sharma S/o Shri Satyanarayan B/c Brahman, R/o In Front Of Raj Shri Gust House, Bawdi Gate Fatahpur, District Sikar (Rajasthan).
----Petitioners Versus
1. State Of Rajasthan Through P.p.
2. Vikas Sharma S/o Shri Anokhi Lal, B/c- Brahman, R/o-
House No. 287, Ward No. 28, Near Dhram Kante, Reengus Road Chomu, District- Jaipur (Raj.)
----Respondents For Petitioner(s) : Smt. Laxmi Devi petitioner no.2 present in peson.
For Respondent(s) :
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA (2 of 4) [CRLMP-2082/2018] Order 23/05/2018 By this common order, SBCRLMP No. 2082/2018 and SBCRLMP No. 2203/2018 both filed by the petitioners Smt. Laxmi Devi and Ashish Sharma shall be decided together, as the petitioner no.1 Smt. Laxmi Devi, who is present in person has requested that both the petitions between the same parties seeking quashing of FIR arising out of same impugned FIR No. 340/2013 registered at Police Station Chomu, for the offences under Sections 323, 341, 392, 406, 427, 452 and 506 IPC be heard together.
On 19.2.2011, Smt. Laxmi Devi as per Hindu customs and rites was married with respondent no.2 Vikash Sharma. During subsistence of marriage, matrimonial relations turned sour and the petitioner had lodged case against her husband and his relations. As a counter blast thereto, respondent no.2 lodged the present FIR against his wife Smt. Laxmi Devi and Ashish Sharma petitioner no.2 brother of the petitioner Smt. Laxmi Devi.
During pendency of the litigation, better sense prevailed and parties have arrived at a compromise.
Both the petitions were listed before this court yesterday i.e. on 22.5.2018 and this Court had passed the following order:-
"In the present petition, quashing of FIR and subsequent criminal proceedings on the basis of compromise, has been prayed.
Let at first instance, upon identification, statements of the petitioner(s) and the complainant be recorded by the Deputy Registrar(Judicial).
To await statement recorded by the Deputy Registrar(Judicial), list tomorrow i.e. 24.05.2018."
(3 of 4) [CRLMP-2082/2018] In pursuance of the aforesaid order, Dy. Registrar (Judicial) after petitioner no.1 Smt. Laxmi Devi and respondent no.2 Vikash Sharma were duly identified, recorded their separate statement. The said statements are taken on record and made part of the paper book. The statement made by Vikash Sharma respondent no.2 for ready reference is reproduced as under:-
"eSa fodkl 'kekZ iq= Jh vuks[khyky 'kekZ mez 35 fuoklh IyWkV u0 287 okMZ u0 28 fjaxl jksM+ lSuh /keZdkaVk ds ihNsa pkSew ftyk t;iqj ¼jktLFkku½A 'kiFk iqoZd c;ku djrk gwW fd eSaus esjh iRuh y{eh nsoh ds f[kykQ iqfyl Fkkuk pkSew esa eqdnek u0 340@2013 ntZ djok;k Fkk ftlesa eSua s y{ehnsoh ij vkjksi yxk;k Fkk fd og gekjs lkFk ekjihV dj gekjs ?kj ls tsojkr ysdj Hkkx xbZ gS bl eqdnesa essa eSaus y{eh nsoh ds vykok mlds ifjokjokyksa ij Hkh vkjksi yxk;k FkkA esjk vkSj y{eh nsoh dk vkilh lgefr ls rykd gks x;k gSA eSaus esjs }kjk ntZ djok;s mDr eqdnesa dks okil ysus ds fy, uhps dh vnkyr esa vkosnu izLrqr dj fn;k FkkA dqN /kkjkvksa esa jkthukek gks x;k ysfdu dqN /kkjkvksa esa jkthukek ugha gks ldrk Fkk blfy, gkbZdksVZ esa vk;sa gS rkfd esjs }kjk ntZ djok;s x, eqdnesa dks [kkfjt djok;k tk ldsA eSa mDr eqdnesa esa dksbZ dk;Zokgh ugha pkgrk gwaW eq>s vkSj dqN ugha dguk gSA uksV %& xokg dk c;ku esjs funZs'ku esa mlds dgs vuqlkj Vad.kdrkZ }kjk dEI;qVj ij Vafdr fd;k x;k] ftls xokg dks i<dj lquk;k o le>k;k x;k rks mlus mDr dFkuksa dks lqu o le> dj lgh gksuk Lohdkj fd;kA"
Reliance has been placed 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 petitioner, in view of the judgment in the case of B.S. Joshi (supra), relied by the petitioner and taking into account statement made by respondent no.2, (4 of 4) [CRLMP-2082/2018] before Dy. Registrar (Judicial) of this Court, both the petitions are accepted and impugned FIR along with all its subsequent proceedings is quashed.
(KANWALJIT SINGH AHLUWALIA),J Mak/-