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Judgment
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.173/2014 registered at Police Station Mahila Thana, Jaipur City (East) for the offences under Sections 498A, 406 IPC and Section 4 of Dowry Prohibition Act.
In the present case, quashing of FIR has been sought on the basis of compromise.
Smt. Himani Sharma, respondent no.2 is present in the court. She has been identified by her counsel Mr. P.L. Hissaria. Mr. Manish Kejriwal petitioner is also present in the court and he has been identified by his counsel Mr. Mahipal Kharra.
Smt. Himani Sharma, respondent no.2 has stated that on 12.2.2009 she was married with petitioner as per Hindu customs and rites. It is submitted that due to difference of opinion, she was compelled to lodge the impugned FIR.
Learned counsel for the respondent no.2 has submitted that due to intervention of respectables, elders of the family and common relations, the matrimonial dispute has been amicably resolved.
Smt. Himani Sharma, respondent no.2 has stated that the petitioner Manish Kejriwal has agreed to pay Rs.15 Lakhs towards Stridhan, expenses on marriage, permanent alimony and cost of litigation etc.
Learned counsel for the parties have drawn attention of this Court to the compromise Annexure-2 presented before the trial court. The trial court vide order dated 3..1.2018 accepted the said compromise for the offences under Sections 406 IPC and acquitted petitioner qua said offence as the same is compoundable, however, the trial court rejected the said compromise qua offences under Section 498A IPC and Section 4 of Dowry Prohibition Act on the ground that the said offences are non-compoundable.
Petitioner and respondent no.2 have jointly submitted that they shall remain bound by compromise Annexure-2 affected between the parties.
Smt. Himani Sharma, respondent no.2 has submitted that she has received in all Rs.15 Lakhs paid by petitioner. She has submitted that the divorce petition under Section 13B of Hindu Marriage Act for dissolution of marriage by way of mutual consent is pending in the Family Court No.2, Jaipur.
Smt. Himani Sharma, complainant/respondent no.2 has prayed that the impugned FIR be quashed as she no longer intends to pursue the same.
The learned counsel for the parties have jointly relied upon B.S. Joshi & Ors. vs. State of Haryana & Anr., 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.
On the prayer made by the learned counsel for the parties, in view of the judgment in the case of B.S. Joshi (supra), relied by the parties, the present petition is accepted and impugned FIR along with all its subsequent proceedings is quashed.