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2018 DIGILAW 741 (RAJ)

Mayank Soni v. State of Rajasthan

2018-03-12

KANWALJIT SINGH AHLUWALIA

body2018
JUDGMENT Kanwaljit Singh Ahluwalia, J - Instant miscellaneous petition has been preferred on behalf of petitioners under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of criminal proceedings in a case arising out of First Information Report bearing No.03 of 2018 registered at Police Station Mahila Thana, Jaipur City (North) for commission of offence punishable under Section 498-A of the Indian Penal Code, in view of the compromise arrived at between the parties. 2. The learned counsel appearing for the parties have submitted that the petitioner No.l - Mayank Soni was married with the respondent No. 2- Preeti Soni on 17.01.2017. A matrimonial dispute arose and subsequently, better sense prevailed between the parties and they have amicably resolved their matrimonial dispute. 3. The learned counsel appearing for the petitioner has drawn attention of this Court towards Para 2 of the Compromise (Annexure-2) arrived at between the parties and the same reads as under :- 4. Today, both the parties are present in person before this Court. They have been identified by their respective Counsels. They have vouchsafed the factum of compromise. 5. Mst. Preeti Soni, respondent No.2 present in person has stated that she has already received an amount of Rs.eight lakhs and thereafter, she has filed a petition under Section 13-B of the Hindu Marriage Act for dissolution of the marriage by way of mutual consent. She has further submitted that remaining amount of Rs.five lakhs shall be paid to her after decree of divorce granted by the Family Court. 6. The learned counsel appearing for the respondent No.2, on instructions from Smt. Preeti Soni, respondent No.2 present in person, has also prayed that the impugned First Information Report be quashed. 7. The learned counsel appearing for the parties have jointly submitted that the matrimonial dispute has been amicably resolved between the parties, therefore, the impugned F.I.R. may be quashed so that the parties can pursue their life and move ahead. 8. I have heard the learned counsel appearing for the parties and perused the contents of the instant petition. 9. It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash the proceedings, even qua non-compoundable offences. 10. Furthermore, in the case of B.S. Joshi Vs. 9. It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash the proceedings, even qua non-compoundable offences. 10. Furthermore, in the case of B.S. Joshi Vs. State of Harayana, reported in [ (2003) 4 S.C.C. 675 ], the Apex Court has opined that although offence under Section 498-A I.P.C. is non- compoundable, but in cases of matrimonial dispute to bring families at peace, if the parties arrive at compromise, then proceedings, qua offence under Section 498-A I.P.C. can be quashed by invoking its inherent powers under Section 482 Cr.P.C. 11. Considering the fact that both the parties have resolved their matrimonial dispute and the joint prayer made by the parties, present in person and in view of law laid down by the Apex Court in the case of B.S. Joshi [supra], the present petition is accepted and the impugned F.I.R. bearing No.03/2018, registered at Police Station Mahila Thana, Jaipur City (North) for commission of offence punishable under Section 498-A I.P.C., along with all subsequent proceedings is hereby, quashed.