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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ANAND SHARMA
Alok Kumar Chaturvedi, S/o Shri Ram Sudhakar Chaturvedi – Appellant
Versus
State of Rajasthan through its PP. – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. By way of filing present criminal misc. petition, the petitioner has prayed for quashing of criminal proceedings in Case No. 425/2018 titled as State Vs. Alok Kumar Chaturvedi pending before the Court of Additional Civil Judge and Judicial Magistrate No.2, Jaipur District, Jaipur (hereinafter to be referred as ‘the trial court’).
2. It is stated that the petitioner performed marriage with Respondent no. 2-complainant in accordance with Hindu rites and ceremonies on 24.11.2012. However, soon after marriage, marital discord came to surface and they decided to break the marital trial. Accordingly, one compromise was executed on 23.03.2013, which was signed by both the parties as well as by the witnesses and the same was also got attested through Notary Public. As per the terms of the compromise, Respondent No. 2 was having physical relations with some other person, therefore, it was not possible to continue the marital tie and both the parties to the marriage decided to get divorce by mutual consent. As per clauses of the compromise, it was accepted by Respondent No. 2- complainant that the petitioner had returned all the stridhan to Respondent No. 2-compla
Allegations in FIR filed post-divorce petition are retaliatory, warranting quashing of criminal proceedings under inherent jurisdiction due to abuse of process.
The court emphasized the misuse of Section 498-A IPC in matrimonial disputes, ruling that inordinate delays in filing FIRs can indicate false implications, warranting quashing of proceedings.
Continuing criminal proceedings after a mutual divorce settlement constitutes an abuse of process of law, as established in this case.
The court emphasized the necessity to quash criminal proceedings when allegations do not constitute an offence, especially in matrimonial disputes resolved amicably with mutual consent and alimony.
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
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