Arsh Garg, Jaiky @APPELLANT@Hash State of Rajasthan & Ors.

Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of impugned F.I.R. No.266/2013 registered at Police Station Bhiwari

District Alwar for offences punishable under Sections 498-A, 406 and 323 I.P.C., along with all subsequent proceedings, on the basis of compromise.

Mst. Vaishali, complainant/respondent No.2 is present in person. She has been identified by her Counsel Mr. Mahesh Gautam.

Mr. Mahesh Gautam, ld. counsel appearing for complainant/ respondent No.2, has vouchsafed the factum of compromise.

On 13.02.2012 the marriage of Mst. Vaishali, complainant/ respondent No.2 was solemnized with Arsh Garg @ Jaiky, petitioner No.1. During

pendency of the proceedings, differences arose and complainant/ aggrieved-wife Mst. Vaishali was compelled to lodge F.I.R. During pendency of the

proceedings, better sense prevailed between the parties and the compromise was affected by them.

As per compromise, Rs. fifteen lakhs is to be paid to the complainant/respondent No.2 by the petitioner No.1.

Complainant/respondent No.2 â€" Mst. Vaishali, present in person, has stated that she has already received Rs. five lakhs at the time of filing of

divorce petition under Section 13-B of the Hindu Marriage Act.

Today, a demand draft of Rs. five lakhs has been handed over to the complainant/respondent No.2 in the Court by Arsh Garg @ Jaiky, petitioner

No.1.

Photostat copy of the demand draft is retained and is made part of the paper book.

It is further submitted the remaining amount of Rs. Five lakhs shall be paid by the petitioner No.1 to the respondent No.2 at the time of grant of decree

of divorce by the Family Court at Tees Hazari Court, New Delhi.

The learned counsel appearing for the petitioners has submitted that the compromise was presented before the trial Court and the said Court, vide

order dated 21.04.2018, accepted the same, qua offences punishable under Sections 406 and 323 I.P.C., as said offences are compoundable but same

was rejected, qua offence under Section 498-A I.P.C. as same is non-compoundable.

The order dated 21.04.2018 passed by the trial Court reads as under :-

“izkFkhZ;k oS’kkyh o eqyfte v’kZ xxZ dh vkSj ls izk- i= /kkjk 498A esa jkthukek rLnhd djus dh bZtktr iznku djus rFkk /kkjk 323, 406 IPC

esa jkthukek rLnhd djus dk is’k djus ij i=koyh lhts ls ryc dj is’kh esa yh xbZA ifjoknh e; vf/koDrk Jh gjds’k 'kekZ eqyfte v’kZ xxZ e;

vf/koDrk Jh fpjathyky 'kekZ mi-A

i=koyh dk voyksdu fd;k x;kA i{kdkjku dh vksj ls is’k izk-i= /kkjk 498A IPC esa jkthukek rLnhd djus dk vLohdkj dj [kkfjt fd;k tkrk gS rFkk /kkjk

406] 323 IPC esa jkthukek rLnhd fd;k tkrk gSA eqyfteku ds fo:) /kkjk 498A fopj.kh; 'ks""k gSA eqyfteku dks /kkjk 406] 323 esa vifBr jkthukek

'ks""keqDr fd;k tkrk gSA i=koyh ds xokgku dks iwokZuqlkj ryc fd;k tkdj i=k- 'kk- vfHk- us fnukad 05-5-18 dks is’k gksA

,l-Mh- U;kf;d eftLVsªV fHkokM+h ¼vyoj½.â€​

The learned counsel appearing for the respondent No.2, on instructions from Smt. Vaishali, respondent No.2 present in person, has also prayed that

the impugned First Information Report be quashed.

It is a case where matrimonial dispute had turned sour due to differences of opinion between the parties.

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.

I have heard the learned counsel appearing for the parties and 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 in [(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, 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. No.266/2013

registered at Police Station Bhiwari District Alwar for offences punishable under Sections 498-A, 406 and 323 I.P.C., along with all subsequent

proceedings is hereby, quashed.