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2007 DIGILAW 1176 (RAJ)

Kistur Chand v. State of Rajasthan

2007-06-01

DALIP SINGH

body2007
JUDGMENT 1. - Heard learned counsel for the petitioner, learned counsel for the respondent and the learned Public Prosecutor. 2. This petition was filed along with a copy of deed of settlement arrived at between the petitioner No. 3 Chandra Prakash and Deepa the non-petitioner No. 3 wife of Chandra Prakash for quashing the F.I.R. No. 205/2006. The said deed of settlement filed as Annexure-1. 3. As per the terms of the deed of settlement the parties have agreed to resolve all their disputes including withdrawal of cases including one arising out of F.I.R. No. 205/2006 registered at Police Station, Kotwali Dausa. As per the para 3-b of the Deed of Settlement of parties have agreed to move the petition for quashing of the F.I.R. No. 205/2006 before this Court in respect of offences under Sections 323, 406 and 498-A I.P.C. and 4/6 of the Dowry Prohibition Act. 4. It has also been agreed between the parties that as soon as the above F.I.R. is quashed, the husband Chandra Prakash shall pay the amount of Rs. 5 lacs towards the permanent alimony by means of the cheques as mentioned in the Deed of Settlement vide terms and condition No. 1 and also hand over the items of Streedhan of the non petitioner No. 3 wife. It has also been agreed that the articles would file the petition under Section 13-B of the Hindu Marriage Act, 1955 and pray for a decree for divorce by mutual consent. 5. It has further been agreed that other cases pertaining to maintenance under Section 125 Cr.P.C. etc. shall also be withdrawn. 6. In the light of the terms of the deed of settlement the learned counsel for the parties pray that since the parties have arrived at a settlement and mutually agreed to resolve all their differences and in view of the judgment of the Hon'ble Supreme Court in B.S. Joshi and Ors. v. State of Haryana and Anr., (2003) 4 SCC 675 : 2003-04 (Suppl.) Cr. L.R. (SC) 526 this Court may with a view to facilitate the above be pleased to quash the F.I.R. No. 205/2006 registered at Police Station, Kotwali Dausa and the proceedings arising out of the same not only against the petitioner husband but against all the petitioners. 7. L.R. (SC) 526 this Court may with a view to facilitate the above be pleased to quash the F.I.R. No. 205/2006 registered at Police Station, Kotwali Dausa and the proceedings arising out of the same not only against the petitioner husband but against all the petitioners. 7. Heard learned counsel for the petitioners the learned Public Prosecutor and the learned counsel for respondent No. 3 Smt. Deeps Sharma. In the facts and circumstances mentioned above, I deem it just and proper to allow this petition and permit the parties to compound the matter. I am therefore inclined to accept this petition with a view to secure the ends of justice to all concerned in the light of the judgment of Hon'ble Supreme Court in the case of B.S. Joshi and Ors. v. State of Haryana and Anr., reported in 2003 (Vol. 4) SCC page 675 and permit the parties to compound the matter and quash the proceedings. 8. Consequently, this petition is allowed. The F.I.R. No. 205/2007 lodged at Police Station, Kotwali Dausa and any other proceedings arising out of the same are quashed.Petition allowed. *******