Aditi Nagarwal @APPELLANT@Hash State of Rajasthan & Ors

Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of criminal proceedings arising out of impugned F.I.R. No.3/2017

registered at Women Police Station, Jaipur City (South) for offences punishable under Sections 498-A, 406, 323, 384 and 306 read with Section 511 of

Indian Penal Code.

In the present case, quashing of impugned F.I.R., along with all subsequent proceedings has been sought on the basis of compromise affected

between the parties.

The learned counsel appearing for the petitioner has submitted that after a thorough investigation, the Investigating Agency has submitted charge-

sheet only, qua offence under Section 498-A I.P.C.

Petitioner â€" Aditi Nagarwal is present in person before this Court. She has been identified by her Counsel â€" Mr. Akhil Simlote.

Petitioner â€" Aditi Nagarwal present in person, has stated that on 18.09.2012 her marriage was solemnized with Anil Bairwa, as per Hindu Customs

& Rites and during subsistence of marriage, on 17.03.2016 she gave birth to a daughter. She has further stated that she was compelled to lodge

impugned F.I.R. However, during subsistence of litigation, a better sense has prevailed and on the intervention of the respectables and the elders of

both the families, for the welfare of their daughter, named Umika, they have decided to live together and now are living peaceful happy married life.

Anil Bairwa, respondent No.2 is present in person before this Court. He has been identified by his Counsel â€" Mr. Nandkishore Mittal. He has also

assured this Court that the parties are cohabiting as husband and wife and they in the spirit of forgive and forget have decided that let all bygone and

bygones.

 Counsel appearing for the parties have further submitted that a compromise was presented before the trial Court, qua offence under Section 498-A

I.P.C. The trial Court rejected compromise, as said offence is non-compoundable.

I have heard the learned counsels appearing for the parties and have perused the contents of the instant petition.

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.

Furthermore, in the case of B.S. Joshi Vs. State of Harayana, reported as [(2003) 4 S.C.C. 675], the Apex Court has opined that although offence

under Section 498-A I.P.C. is noncompoundable, 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.

Considering the fact that both the parties have resolved their matrimonial dispute and the joint prayer made by the parties and in view of law laid down

by the Apex Court in the case of B.S. Joshi [supra], the present petition is allowed. The impugned F.I.R. No.3/2017 registered at Women Police

Station, Jaipur City (South) for offences punishable under Sections 498-A, 406, 323, 384 and 306 read with Section 511 of Indian Penal Code, is

quashed, along with all subsequent proceedings.