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Judgment
The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.137/2016 registered at Police Station Mahila Thana, Kota for the offences under Sections 498A and 406 IPC. In the present case, quashing of FIR has been sought on the basis of compromise.
Seema Sharma, respondent no.2 is present in the court. She has been identified by her counsel Mr. Rohit Saini. Mr. Ravi Sharma petitioner no.1 is also present in the court and he has been identified by his counsel Mr. S.K. Singodiya. Seema Sharma, respondent no.2 has stated that on 25.5.2013 she was married with petitioner no.1 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. Seema Sharma, respondent no.2 has stated that the petitioner no.1 Ravi Sharma has agreed to pay Rs. 2,50,000/ 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-1 presented before the trial court. The trial court vide order dated 7.8.2018 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 offence under Section 498A IPC on the ground that the said offence is non-compoundable.
Petitioner no.1 and respondent no.2 have jointly submitted that they shall remain bound by compromise Annexure 1 affected between the parties.
Seema Sharma, respondent no.2 has submitted that she has received in all Rs.2,50,000/- 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, Kota. It is submitted that the divorce petition under Section 13B of Hindu Marriage Act is coming for final motion on 2.2.2019. Seema 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.