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2018 DIGILAW 1117 (RAJ)

Sanjeev Kumar v. State of Rajasthan

2018-05-01

KANWALJIT SINGH AHLUWALIA

body2018
JUDGMENT Kanwaljit Singh Ahluwalia, J. - Present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.44/2004, dated 28.02.2004, registered at Police Station Mahila Thana, District Kota for offences under Section 498A and 406 IPC. 2. Counsel for the parties have relied upon an order passed by the Division Bench of this Court in D.B. Civil Special No.1754/2010, Smt. Neeta Vs. Sanjeev Kumar, decided on 03.04.2018. The order dated 03.04.2018 passed by the Division Bench of this Court reads as under:- "It is stated by learned counsel for the parties that a settlement has been arrived between the parties. The copy of the compromise deed has been produced before this court. Learned counsel submits that appellant would cooperate for disposal or withdrawal of the pending cases. The appellant will submit an application in the pending case under the Protection of Women from Domestic Violence Act ; 2005 (in short "Act of 2005") within 15 days from today for its withdrawal. In that case, the court concerned would pass an order on the application for withdrawal of the cases in terms of settlement. In the same manner, the appellant would co-operate for quashing of the proceedings for the offence under Section 498A IPC and prior to that, compounding of the offence under Section 406 IPC by the trial court. The parties have agreed to file a criminal misc. petition under Section 482 Cr.P.C. before the High Court for dropping the proceedings for offence under Section 498A IPC and for the aforesaid, necessary action would be taken within the period of 15 days. In view of the above, the compromise is taken on record and with the aforesaid, a decree for divorce is passed in terms of Section 13B of the Hindu Marriage Act, 1955 by dispensing with the period of six months, however, if any of the parties would default in complying the terms of settlement, they would be at liberty to seek recall of this order. It is further made clear that in case of a criminal misc. petition for dropping the criminal proceedings for offence under Section 498A IPC, the another party would co-operate in the light of the judgment of the Apex Court in the case of B.S. Joshi & Ors. Vs. State of Haryana & Anr, reported in (2003) 4 SCC 675 . It is further made clear that in case of a criminal misc. petition for dropping the criminal proceedings for offence under Section 498A IPC, the another party would co-operate in the light of the judgment of the Apex Court in the case of B.S. Joshi & Ors. Vs. State of Haryana & Anr, reported in (2003) 4 SCC 675 . A draft in a sum of Rs.16 lac has been given to the appellant which can be encashed. If the appellant would fail to co-operate for disposal of the pending cases, as indicated above, the direction for re-payment can be given. The appeal stands disposed of with the aforesaid." 3. Shri Surendra Sharma, Counsel appearing on behalf of the complainant-respondent has submitted that in terms of the order passed by the Division Bench of this Court, the complainant- respondent has received 16 lacs by way of Four Demand Drafts and said drafts have been encashed. Counsel has therefore prayed that to facilitate the order of divorce passed by the Division Bench of this Court, the impugned FIR be quashed. 4. I have heard the learned counsel appearing for the parties and perused the contents of the instant petition. 5. In view of the observations made by the Division Bench of this Court, present petition is accepted in light of the judgment rendered by the Supreme Court in B.S. Joshi Vs. State of Harayana, reported in (2003) 4 S.C.C. 675 and the impugned FIR No.44/2004, registered at Police Station Mahila Thana, District Kota for above-said offences along with all subsequent proceedings is quashed.