Pankaj Sharma S/O Shri Mukut ... vs State Of Rajasthan
2021 Latest Caselaw 1352 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 1947/2019
1.     Pankaj Sharma, S/o Shri Mukut Behari Sharma, Aged
       About 28 Years,
2.     Mukut Behari Sharma, S/o Shri Suwa Lal Sharma, Aged
       About 58 Years,
3.     Smt. Anita Devi D/o Shri Mukut Bihari Sharma, Aged
       About 28 Years,
       (All R/o Plot No.15, Gopalbari-1, Near Navjyoti School,
       Namdev Colony, Sanganer, Jaipur (Rajasthan).
                                                        ----Petitioners/Accused
                                    Versus
1.     State of Rajasthan, Through PP
                                                                    ----Respondent

2. Smt. Vinita Sharma W/o Pankaj Sharma, D/o Shri Suresh Chandra Sharma, Aged About 30 Years, R/o Purohito Ka Mohalla, Village Post Narayanpur, Tehsil Thanagazi, District Alwar (Rajasthan).

----Respondent/Complainant

For Petitioner(s) : Mr. Satyam Khandelwal For Respondent(s) : Mr. Laxman Meena, P.P.

Mr. Pawan Sharma, with Mr. Koushal Bhardwaj, through VC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

08/02/2021

This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the proceedings arising out of FIR No.75/2014 registered at Police Station Narainpur, Alwar under Sections 498A, 406, 354B, 354C and 120-B of IPC.

Learned counsel for the petitioner submitted that the matrimonial dispute between the parties has amicably been settled. He submitted that the learned trial Court has vide order dated 09.09.2019, quashed the proceedings qua Section 406

(2 of 2) [CRLMP-1947/2019]

being compoundable; but, declined to quash the proceedings qua Sections 498A and 354 IPC being not compoundable. Relying on the judgment of the Hon'ble Supreme Court in B.S. Joshi & Ors. Vs. State of Haryana & Anr., 2003 (4) SCC 675, he submitted that the proceedings under Sections 498A and 354 IPC be also quashed.

Learned Public Prosecutor has opposed the criminal miscellaneous petition.

Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if the FIR in question is quashed.

Heard learned counsel for the parties and perused the record.

A perusal of the material on record shows that the matrimonial dispute between the parties has amicably been settled by them and the learned trial Court vide its order dated 09.09.2019, quashed the proceedings qua Section 406 on the basis of compromise. In view of compromise between the parties and the law laid down by the Hon'ble Supreme Court in case of B.S. Joshi & Ors. (Supra), this Court deems it just and proper to allow this criminal miscellaneous petition.

Resultantly, this criminal miscellaneous petition is allowed. The FIR No.75/2014 registered at Police Station Narainpur, Alwar under Sections 498A, 406, 354B, 354C and 120-B of IPC is quashed.

Application No.1/2021 stands disposed of accordingly.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /11

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