Hitesh Shandilya @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.134/2015

registered at Women Police Station Jaipur City (West) for offences punishable under Sections 498-A, 406, 323, 328, 342 and 120-B of Indian Penal

Code.

In the present case, quashing of impugned F.I.R. has been sought on the basis of compromise affected between the parties.

Kavita Sharma, complainant/respondent No.2 is present in person before this Court. She has been identified by her Counsel â€" Mr. R.K. Gaur.

The learned counsel appearing for the parties have submitted that the Investigating Agency only submitted charge-sheet for offences punishable under

Sections 498-A and 406 read with Section 34 I.P.C.

Counsel appearing for the parties have further submitted that a compromise was presented before the trial Court. The trial Court accepted the

compromise, qua offence under Section 406 I.P.C. but rejected the same, qua offence under Section 498-A I.P.C. as said offence is non-

compoundable.

The order dated 14.08.2018 passed by the trial Court for ready reference is reproduced herein below :-

“14@8@18

,ihih mifLFkr ifjokfn;k Jhefr dfork 'kekZ o vfHk;qDr fgrsâ€k dh vksj ls jkthukek gksus ij jkthukek rLnhd gsrq is’k djus ij i=koyh isâ€kh esa yh

xbZA i{kdkjku }kjk izLrqr jkthukek /kkjk 498,] 406 vkbZihlh esa jkthukek dh iqLr ij /kkjk 406 vkbZihlh dh gn rd ckn tkWp rLnhd fd;k x;k jkthuke dh

bckjr mHk; i{kdkjku dks ikbZ xbZA ifjokfn;k dfork 'kekZ dks Jh pUnzâ€ks[kj nk/khp] ,MoksdsV o vfHk;qDr fgrsâ€k dks Jh lukru

lksuh] ,MoksdsV us fâ€kuk[r fd;k vfHk;qDr fgrsâ€k dks /kkjk 406 vkbZihlh dh gn rd jkthukes ds vk/kkj ij nks""k eqDr fd;k tkrk gSA izdj.k esa /kkjk

498, vkbZihlh dk vijk/k 'ks""k cprk gSA i=koyh okLrs lk{; vfHk;kstu fnukad 18-08-2018 dks isâ€​k gksA

&g0&

vfrfjDr flfoy U;k;k/kh’k ,ao

    egkuxj eftLVªsV Øela[;k&20 t;iqj egkuxj.â€​

Kavita Sharma complainant/respondent No.2, present in person, has stated that she was married, as per Hindu Customs & Rites, on 04.02.2014 with

petitioner - Hitesh Shandilya.

During subsistence of marriage, differences arose and complainant/respondent No.2 was compelled to file impugned F.I.R.

Complainant/respondent No.2 â€" Kavita Sharma present in person, has stated that the matter has been amicably resolved between the parties. She

has further stated that the petitioner has agreed to pay Rs.10,00,000/- to her. She has stated that out of Rs.10,00,000/-, Rs.3,00,000/- has already been

paid to her and the banker cheque amounting to Rs.3,00,000/- has been handed over to her today in the Court.

Copy of the banker cheque handed over to complainant/ respondent No.2 in the Court is taken on the record.

Kavita Sharma complainant/respondent No.2, present in person, has stated that a petition under Section 13-B of the Hindu Marriage Act for

dissolution of marriage has already been filed and the same is coming up for final motion before the Family Court No.1, Jaipur. She has submitted that

balance amount of Rs.4,00,000/- shall be paid to her after dissolution of marriage by way of mutual consent. Lastly, Kavita Sharma has submitted that

she no longer intend to pursue the present F.I.R. and the same be quashed.

Counsel appearing for the respective parties have jointly prayed that since the matrimonial dispute has been amicably resolved, the criminal cases

pending between the parties as well as impugned F.I.R. be quashed, so that the parties can pursue their life and move ahead.

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.134/2015 registered at Women Police

Station Jaipur City (West) for offences punishable under Sections 498-A, 406, 323, 328, 342 and 120B of Indian Penal Code, is quashed, along with all

subsequent proceedings.