Research › Search › Judgment

Rajasthan High Court · body

2013 DIGILAW 1485 (RAJ)

Bheru Singh v. State of Rajasthan

2013-08-29

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - The present petition has been filed under Section 482 Cr.P.C. praying that the order dated 11.7.2013 passed by the trial Court whereby the compromise presented by the petitioners and the respondent No. 2 was partly accepted qua offences under Sections 323 and 406 I.P.C. and was rejected qua the offences under Sections 498A and 452 I.P.C., on the ground that the offences are non-compoundable be set aside. 2. The respondent No. 2 Desh Kanwar was married with the petitioner No. 1 as per religious customs and rites. The matrimonial relations having turned sour (sic) the respondent No. 2 lodged F.I.R. for the offences under Sections 323, 406, 498A and 452 I.P.C. 3. During the pendency of the F.I.R., the parties parted gracefully and amicably resolved the matrimonial dispute. 4. An application was filed by the petitioners along with with respondent No. 2 praying that the proceedings be dropped on the basis of the compromise. 5. The learned trial Court vide impugned order accepted the compromise qua the offence under Seel ions 323 and 406 I.P.C. However, rejected the same qua the offences under Sections 498A and 452 I.P.C. on the ground that the same are non-cognizable offences. Counsel for the petitioners has relied upon B.S. Joshi & Ors. v. State of Haryana & Anr., (2003) 4 SCC 675 , to contend that where matrimonial dispute has been amicably resolved, non-cognizable offences can be quashed while exercising powers under Section 482 Cr.P.C. 6. Shri N.R. Goswami appearing for the respondent No. 2 has prayed that to facilitate aver-lasting peace, amity and harmony, the impugned F.I.R. be quashed. The counsel for the complainant has submitted that continuation of the proceedings arising out of the impugned F.I.R. harm the future prospects of the parties. 7. Ms. Chandra Lekha, learned Public Prosecutor has not denied the factum of compromise. 8. Considering the submissions advanced by the counsel for the parties and the fact that the matrimonial dispute has been amicably resolved as the same is discernible from the impugned order dated 11.7.2013, the present petition is accepted and the impugned F.I.R. along with all subsequent proceedings is quashed.Petition allowed. *******