Allowed

Rita Devi Sinha and Ors. v. State of Raj and Anr.

Rajasthan HC23 Jul 2018CRLMP/902/2018

Case brief

AI extract

What is this about?

Criminal miscellaneous petition filed to quash FIR Nos. 11/2018 under various IPC sections involving matrimonial dispute. The parties had amicably resolved the issues. The High Court relied on B.S. Joshi judgment to quash the FIR in interest of justice to promote peace between families.

What did the court decide?

Impugned FIR No. 11/2018 lodged against petitioners under Sections 120B, 406, 420 and 498A IPC was quashed along with all subsequent proceedings.

Rita Devi Sinha and Ors. Vs State of Raj and Anr. — Matrimonial and Divorce | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 902/2018

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Rita Devi Sinha W/o Nand Kumar Sinha , R/o Village Parmeshra, Post Rupoli Via Jhanjharpur District Madhubani Bihar

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Nand Kumar Sinha S/o Mr. Yogeshwar Sinha , R/o Village Parmeshra, Post Rupoli Via Jhanjharpur District Madhubani Bihar

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Kumar Santosh S/o Mr. Nandkumar Sinha , R/o 72/278 Mansarovar Jaipur 302020 Rajasthan

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----Petitioners

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Versus

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The State Of Rajasthan Through Its Public Prosecutor, High Court Campus, Jan Path Jaipur Rajasthan

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Vandna Mahto D/o Pawan Kumar Mahto , R/o D 124 Old Vidyadhar Nagar Sector 8, Vidyadhar Nagar, Jaipur Rajasthan

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----Respondents

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For Petitioner(s) : Mr. Hans Kumar Sharma For Respondent(s) : Mr. Prakash Thakuriya PP Mr. PC Sharma

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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-/Order/-

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23/07/2018

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In the present petition, it has been prayed that since the dispute has been amicably resolved due to intervention of respectables, the impugned FIR No. 11/2018 registered at Women Police Station (North) Jaipur Metropolitan Jaipur for offences under Sections 120B, 406, 420 and 498A IPC lodged by the complainant/respondent no.2 against the petitioners be quashed.

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(2 of 3)

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[CRLMP-902/2018]

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Respondent no.2 Vandna Mahto on 4.12.2016 was married with Randhir as per Hindu customs and rites. During subsistence of marriage, differences arose and impugned FIR was lodged against the petitioners who are mother-in-law, father-inlaw and brother-in-law respectively. It is pleaded in the present petition that subsequently, better sense prevailed between the parties and they decided to bury the hatchet to promote ever lasting peace, amity and harmony.

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Respondent no.2 Vandna Mahto is present in the court, who is identified by her counsel Mr. PC Sharma. She has stated that towards expenses incurred at the time of marriage, Stridhan and permanent alimony, petitioners have deposited Rs. 10,00,000/- in the concerned Family Court where petition under Section 13B of Hindu Marriage Act for dissolution of marriage is pending. It is further stated that out of Rs. 10,00,000/-, Rs. 5 Lakhs have been received by the respondent no.2 and remaining Rs. 5 Lakhs have been deposited in the Family Court by way of demand draft, which shall be disbursed to the respondent no.2 after renewal of the draft, after decision on the application filed under Section 13B of Hindu Marriage Act.

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Vandna Mahto, respondent no.2 has prayed that the present FIR be quashed as she no longer intends to prusue the same.

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Learned counsel for the parties have vouchsafed the factum of compromise.

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The learned counsel for the parties have jointly relied upon B.S. Joshi & Ors. vs. State of Haryana & Anr., 2003

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(3 of 3) [CRLMP-902/2018]

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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.

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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.

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(KANWALJIT SINGH AHLUWALIA),J

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Mak/-

Rita Devi Sinha and Ors. v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

Rita Devi Sinha and Ors. v. State of Raj and Anr.

Case brief

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