Rohit Garg S/O Shri Rajiv Kumar Garg vs State Of Rajasthan

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR N0.0003/2018 registered at Police Station Mahila Thana, Jaipur City (South) for the offences under Sections 498A, 406, 377 and 420 IPC.

In the present case, quashing of FIR has been sought on the basis of compromise.

Niti Gupta, respondent no.2 is present in the court. She has been identified by her counsel Mr. Bhupendra Sharma. Mr. Rohit Garg petitioner no.1 is also present in the court and he has been identified by his counsel Mr. Amit Jindal.

Niti Gupta, respondent no.2 has stated that on 11.3.2016 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.

Niti Gupta, respondent no.2 has stated that the petitioner no.1 Rohit Garg has agreed to pay Rs.40 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 annexed with the present petition. present petition.

Petitioner no.1 and respondent no.2 have jointly submitted that they shall remain bound by compromise Annexure 2 affected between the parties.

Niti Gupta, respondent no.2 has submitted that out of Rs.40 Lakhs, agreed to be paid by petitioners, she has already received Rs.20 Lakhs and regarding remaining amount of Rs.20 Lakhs, cheques have been deposited in the Family Court NO.2, Jaipur, where parties have filed a divorce petition under Section 13B of Hindu Marriage Act for dissolution of marriage by way of mutual consent. It is submitted that the divorce petition under Section 13B of Hindu Marriage Act is coming for final motion on 6.5.2019.

Niti Gupta, 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.