Udai Ram vs State Of Rajasthan
2022 Latest Caselaw 8126 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc (Pet.) No. 3251/2022

Udai Ram S/o Bagda Ram, Aged About 42 Years, R/o Vill. Bhakri Tehsil Osian Dist. Jodhpur

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Smt. Kushla Vishnoi D/o Babu Ram Vishnoi, Aged About 35 Years, R/o Mandore Jodhpur

----Respondents

For Petitioner(s) : Mr. Gokulesh Bohra Mr. Nilesh Bohra For Respondent(s) : Ms. Anita Gehlot, PP Mr. A.K. Dobhal for respondent No.2

HON'BLE MR. JUSTICE MADAN GOPAL VYAS (VACATION JUDGE)

Order

07/06/2022

The instant Criminal Misc. Petition has been preferred by the

petitioner for quashing of the FIR No.99/2022 registered at Police

Station Mahila Thana (East), Jodhpurn alleging for offence under

Sections 498-A, 406, 323, and 494 of the IPC and all

consequential proceedings initiated pursuant to the aforesaid FIR.

Learned counsel appearing for the respective parties submit

that the petitioner and the respondent No.2-complainant are

husband and wife. They have entered into a compromise and an

application for mutual divorce under Section 13-B of the Hindu

Marriage Act, 1955 has already been filed by them and the

learned Family Court No.3, Jodhpur vide its judgment and decree

dated 27.05.2022 passed in Civil Provisional Suit No.810/2021

(346/2022) has granted the divorce decree.

(2 of 2) [CRLMP-3251/2022]

It is thus, submitted by learned counsel for the parties that

since the compromise has already been arrived at between the

parties amicably and the divorce decree has already been granted

by the competent Court of jurisdiction, therefore, the impugned

FIR and all consequential proceedings for the offence under

Sections 498-A, 406, 323 and 494 of the IPC may be quashed on

the basis of compromise, copy of which has been produced by the

learned counsel for the petitioner, which is taken on record.

Having considered the facts and circumstances of the case,

since the petitioner and complainant have arrived at compromise

and settled their dispute and the divorce decree under Section 13-

B has already been granted by the Family Court No.3, Jodhpur

vide judgment and decree dated 27.05.2022, the FIR No.99/2022

registered at Police Station Mahila Thana (East), Jodhpur and all

other consequential proceedings for the aforesaid offences lodged

against the petitioner is quashed on the basis of compromise in

view of the law laid down by the Hon'ble Apex Court in the case of

B.S. Joshi vs. State of Haryana, reported in 2003 (4) SCC page

675in which it has been held that the proceedings under Section

498-A of the IPC can be quashed because it is the matrimonial

matter, the impugned FIR for offence under Section 498-A, 406,

323 of the IPC is liable to be quashed and set aside.

Accordingly, the present Misc. Petition is hereby allowed and

the stay petition is also disposed of.

(MADAN GOPAL VYAS(VACATION JUDGE)),J 64-Jagjeet/-

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