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2014 DIGILAW 734 (RAJ)

Mohit Sharma v. State of Rajasthan Anr.

2014-03-20

KANWALJIT SINGH AHLUWALIA

body2014
JUDGMENT 1. - The present petition under Section 482 Cr.PC. has been filed by the petitioners seeking quashing of FIR No. 10/2014, registered at Police Station Mahila Thana, Jaipur City (South) for offence under Sections 498A, 406, 323, 504, 506 and 120B IPC. 2. Counsel for the petitioners has submitted that petitioner No. 1 Mohit Sharma was married with Smt. Rekha Sharma, non-petitioner No. 2. Since the matrimonial relations had turned sour, non-petitioner No. 2 had lodged a report against petitioner No. 1 and his relations for the aforementioned offences. 3. Counsel for the petitioners further submitted that during pendency of the investigation, better sense prevailed upon the parties and they have entered into a compromise and have decided to live together peacefully as husband and wife. 4. Smt. Rekha Sharma, complainant non-petitioner No. 2 is present in the Court. She has been identified by her counsel Shri D.D. Khandelwal. She has stated that she has entered into a compromise with the petitioners and does not want to pursue the FIR lodged by her. She has further stated that now she is living with petitioner No. 1 Mohit Sharma peacefully as his wife. 5. Having heard counsel for the parties and tailing into consideration that the compromise has been entered into between the parties and petitioner no. 1 Mohit Sharma and Smt. Rekha Sharma, non-petitioner No.2 are living peacefully as husband and wife, continuance of proceedings will serve no useful purpose, as Hon'ble Apex Court in the case of B.S. Joshi v. State of Haryana (2003(1) WLC (SC) Cri. 579 : 2003 AIR (SC) 1386) has held that in matrimonial dispute, this Court while exercising powers under Section 482 Cr.RC. can quash the proceedings.Consequently, the present petition is allowed and the impugned FIR along with all subsequent proceedings is quashed.Petition Allowed. *******