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2018 DIGILAW 1351 (RAJ)

Jayesh Prabhudayal Dhakada v. State of Rajasthan

2018-05-23

KANWALJIT SINGH AHLUWALIA

body2018
ORDER : 1. By this common order, SBCRLMP No. 6006/2016 preferred by Jayesh Prabhudayal Dhakada and Smt. Basanthi Devi Prabhudayal Dhakada and SBCRLMP No. 5579/2016 filed by Amit Prabhudayal Dhakada and three others shall be decided together. 2. Both the petitions have been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 248/2016 registered at Police Station Mahila (West) Jaipur for the offences under Sections 498A, 406 and 323 IPC and Section 3 of the Dowry Prohibition Act, 1961, on the basis of compromise. 3. On 19.11.2013, the complainant Smt. Jyoti as per Hindu customs and rites was married with petitioner no. 1 Jayesh Prabhudayal Dhakada. During subsistence of marriage, matrimonial relations turned sour and the respondent no. 2 had lodged case against her husband and his relations. 4. During pendency of the litigation, better sense prevailed and parties have arrived at a compromise. 5. 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 petitioners and the complainant be recorded by the Deputy Registrar (Judicial). To await statement recorded by the Deputy Registrar (Judicial), list tomorrow i.e. 23.05.2018.” 6. In pursuance of the aforesaid order, Dy. Registrar (Judicial) after petitioner no. 1 Jayesh Prabhudayal Dhakada and respondent no. 2 Jyoti 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 respondent no. In pursuance of the aforesaid order, Dy. Registrar (Judicial) after petitioner no. 1 Jayesh Prabhudayal Dhakada and respondent no. 2 Jyoti 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 respondent no. 2 Jyoti for ready reference is reproduced as under:- ^^eSa T;ksfr tSu iq=h Jh egs'kpUæ tSu iRuh Jh t;s'k ÁHkqn;ky ?kkdMk vk;q 33 o"kZ] tkfr tSu fuoklh bZ&194] vkezikyh lfdZy] oS'kkyh uxj] t;iqj ftyk t;iqj ¼jktLFkku½A 'kiFkiwoZd c;ku djrh gaw fd esjk o t;s'k dk fookg fnukad 19-11-2013 dks t;iqj esa iw.kZ jhfr&fjokt ls gqvk FkkA fookg ds ckn ls gekjs chp vkilh rkyesy cSB ugha ik jgk FkkA t;s'k 'kknh ds ckn ngst dh ekax djrk Fkk ,oa ekjihV Hkh djrk FkkA bu lc ls ijs'kku gksdj eSaus efgyk Fkkuk cuhikdZ esa t;s'k ds f[kykQ ,d f'kdk;r ntZ djk;h FkhA pwafd vc gekjk vkilh lgefr ls jkthukek gks pqdk gSA blfy, eSa t;s'k ds f[kykQ vkxs vkSj dksbZ dk;Zokgh ugha pkgrh gawA jkthukes ds vUrxZr eq>s t;s'k ls 4 yk[k :i;s nsuk r; gSA ftlesa ls eq>s 2 yk[k :i;s ÁkIr gks x;s gS rFkk 'ks"k 2 yk[k :i;s eq>s fookg&foPNsn dh fMØh ÁkIr gksus ij feyuk r; gqvk gSA eq>s vkSj dqN ugha dguk gSA uksV %& xokg dk c;ku esjs funsZ'ku esa mlds dgs vuqlkj Vad.kdrkZ }kjk dEI;wVj ij Vafdr fd;k x;k] ftls xokg dks i<+dj lquk;k ok le>k;k x;k rks mlus mDr dFkuksa dks lqu o le> dj lgh gksuk Lohdkj fd;kA** 7. The complainant/respondent no. 2 Jyoti present in the court has stated that she no longer intends to pursue the FIR, hence, the proceedings be quashed. 8. Reliance has been placed upon B.S. Joshi and Others vs. State of Haryana and Another, 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. 9. On the prayer made by the petitioner and the complaint/respondent no. 2, who are present in person, in view of the judgment in the case of B.S. Joshi (supra), relied by the parties, both the petitions are accepted and impugned FIR along with all its subsequent proceedings is quashed.