Allowed

Om Prakash @ Sonu S/O Shri Gordhan @ Kalua v. State of Rajasthan

Rajasthan HC7 Jan 2020CRLMP/7958/2019

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Rajasthan quashed FIRs for offences under Sections 498A and 406 IPC. The court allowed the petition based on a mutual settlement reached by the estranged husband and wife for mutual divorce, finding the proceedings were motivated by vengeance.

What did the court decide?

The proceedings initiated under Section 498A and 406 IPC in FIR No.40/2014 registered at Police Station Weir Distt. Bharatpur are quashed and set aside.

Om Prakash @ Sonu S/O Shri Gordhan @ Kalua Vs State of… — Domestic Violence | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Criminal Miscellaneous (Petition) No. 7958/2019

¶3

Om Prakash @ Sonu S/o Shri Gordhan @ Kalua, Aged About 34 Years, B/c Dhimar, R/o Gali No. 3, Dawadi Police Station Wali Gali, Harijan Basti Sitapuri, P.s. Dawadi, Delhi

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

Smt. Pooja D/o Radheshyam W/o Shri Om Prakash @soni, B/c Dhimar, Gali No. 3. Dawadi Police Station Wali Gali, Harijan Basti Sitapuri, P.s. Dawadi, Delhi At Present R/o Weir District Bharatpur

¶8

----Respondents

¶9

For Petitioner(s) : Mr. R.D.Meena, Adv. with petitioner Om Prakash, present in person. For Respondent(s) : Mr. Arvind Bhadu, PP. Mr. Narendra Prasad Meena, Adv. with Smt. Pooja, respondent No.2 present in person.

¶10

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

¶11

Order

¶12

07/01/2020

¶13

Petitioner and complainant who are estranged husband

¶14

and wife are present.

¶15

As per the settlement arrived at the Counselling Cell of Family Courts in HMA No.1888/2018 under Section 13(i)(ia) of HMA both the parties jointly settled their matter on following terms and conditions:-

¶16

“1. The parties have agreed to dissolve their marriage by mutual consent in accordance with the law, as provided under Section 13(B) of the Hindu Marriage Act.

¶17

2. It is agreed between the parties that husband shall pay to the wife a sum of Rs.3,00,000/- as full & final

¶18

(2 of 3)

¶19

[CRLMP-7958/2019]

¶20

settlement (against stridhan and dowry, maintenance towards, post present and future qua this marriage) in Three installments by way of DD/pay Order (Rupees Three Lakhs Only).

¶21

3. It is further agreed between the parties that the husband will pay Rs.1,00,000/- to the wife at the time of recording of the statement of first motion by way of DD/Pay Order (Rupees One Lakh only) or before 30.03.2019.

¶22

4. It is further agreed between the parties that husband will pay Rs.1,00,000/- to the wife at the time of recording of statement of second motion by way DD/Pay Order. (Rupees one Lakh only).”

¶23

Both the parties are present and submit that the present proceedings which were undertaken by the complainant under Section 498A/406 IPC be quashed in terms of the compromise and in view of the law as laid down by the Supreme Court in B.S.Joshi & Ors. Vs. State of Haryana & Ors.- 2003

¶24

CriLJ2028.

¶25

I have considered the submissions.

¶26

The Supreme Court in the case of B.S.Joshi (supra) has held that FIR and criminal proceedings can be quashed in order to secure ends of justice in case relating to where compromise has been arrived at between the husband and wife. The present proceedings appears to have been taken out in view of and for the purpose of vengeance as against the husband. Similarly in Jitendra Raghuvanshi & Ors vs Babita Raghuvanshi & Anr.- 2013(4) SCC 58 , the Supreme Court has held that proceeding can be quashed on basis of compromise even in non-compoundable offence in the interest of justice.

¶27

Keeping in view the compromise arrived at between the parties, I am of the opinion that the proceedings initiated by the complainant under Section 498A and 406 IPC in FIR No.40/2014

¶28

(3 of 3) [CRLMP-7958/2019]

¶29

registered at Police Station Weir Distt. Bharatpur as against the petitioner are liable to be quashed and set aside and accordingly, this petition is allowed and the proceedings are quashed.

¶30

(SANJEEV PRAKASH SHARMA),J

¶31

NAVAL KISHOR /200

Om Prakash @ Sonu S/O Shri Gordhan @ Kalua v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Om Prakash @ Sonu S/O Shri Gordhan @ Kalua v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Piyush Sharma S/O Shri Rajendra Prasad B/C Brahmin Vs State of Rajasthan

Smt Machhla Devi W/O Shri Lakhmi Chand B/C Mali Vs State of Rajasthan

Puranmal S/O Shri Kaluram Saini Vs Sugan Chand S/O Shri Heera Lal

M/S Indo Caps Pvt. Ltd. Vs R S Industries

M/S S N Goenka and Co. Pvt. Ltd. Vs M/S Pooja Casting Pvt. Ltd.

Hajari S/O Shri Ram Jeevan B/C Gurjar Vs State of Rajasthan