The High Court of Rajasthan allowed the petition under Section 482 Cr.P.C. to quash FIR and subsequent criminal proceedings arising from a matrimonial dispute, noting that the parties had amicably resolved the dispute and filed no subsequent litigation.
The impugned FIR and all subsequent proceedings were quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Anil Jain For Respondent(s) : Mr. Prakash Thakuriya, PP for State Mr. Jitendra Pandey, for respondent No.2
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
24/07/2018
Present petition has been filed under Section 482 Cr.P.C. praying that the order dated 14.3.2012 passed by the Judicial Magistrate, Badi, District Dholpur, in Criminal Case No.448/2013 whereby cognizance of offences under Sections 406, 323, 341, 354, 504, 406 IPC was taken against the petitioners in a Final Report submitted in negative form upon the protest petition filed by complainant-respondent No.2, be set aside alongwith the order dated 27.5.2016 passed by the revisional court below.
Shri Anil Jain, learned counsel for the petitioners, has submitted that Sangeeta, complainant-respondent No.2, was
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married with Satya Prakash son of petitioner No.1 Devendra. Learned counsel contends that petitioner No.1 Devendra is fatherin-law of the complainant, whereas petitioner No.2 Shyam Babu is brother-in-law (Dewar) of the complainant.
Learned counsel has submitted that now the matrimonial dispute has amicably resolved and parties have decided not to pursue the present litigation.
It is pertinent to mention here that at the instance of complainant-respondent No.2, FIR bearing No.219/2011 was registered at Police Station Kanchanpur, District Dholpur. In the said FIR, investigating agency submitted Final Report in negative form. Aggrieved against the same, respondent No.2 filed a protest petition and upon the said protest petition, cognizance of above said offences was taken against father-in-law and brother-in-law (Dewar) of the complainant. Revision petition filed by the petitioners against the order taking cognizance was also dismissed by the revisional court below.
Sangeeta, complainant-respondent No.2, is present in court. She has been identified by her counsel Shri Jitendra Pandey.
Sangeeta, complainant-respondent No.2, has stated that in view of amicable resolution of matrimonial dispute, she no longer intends to proceed with the present litigation against the petitioners. Therefore, the proceedings be quashed.
Learned counsel for the parties have also vouchsafed the factum of compromise.
Learned counsel for the parties have relied upon B.S. Joshi & Ors. v. State of Haryana, (2003) 4 SCC 675, to contend that in matrimonial matters, to bring families at peace, this court while
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invoking inherent powers under Section 482 Cr.P.C. can quash the FIR and subsequent criminal proceedings.
Taking into account the submissions made by the learned counsel for the parties and considering the fact that the dispute has been resolved by the parties by way of compromise, the petition is allowed and the impugned FIR alongwith all subsequent proceedings, is quashed.
(KANWALJIT SINGH AHLUWALIA),J
Govind/
1 issue framed by the court
Whether the criminal proceedings under Section 406, 323, 341, 354, 504, 406 IPC arising from a matrimonial dispute should be quashed in view of the amicable resolution of the dispute by the parties.
Colour shows how this judgement treated each authority
B.S. Joshi & Ors. v. State of HaryanaRelied on¶24
B.S. Joshi & Ors. v. State of Haryana, (2003) 4 SCC 675 · Who else cites this
1 provisions across 1 enactments
Devendra S/o Shri Ram Singh
Shyam Babu S/o Shri Devendra
State Of Rajasthan
Sangeeta W/o Shri Satyaprakash
Kanwjit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
