HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7762/2018 Abhishek Sharma S/o Shri Murari Lal Sharma B/c Brahmin, Aged About 28 Years, R/o Plot No.6, Tyagi Colony, Gopalpura Byepass, Tehsil Sanganer, District Jaipur, Raj.

----Petitioner Versus

1. State Of Rajasthan, Through Pp.

2. Smt. Bindiya Sharma @ Kirti W/o Shri Abhishek Sharma, D/o Shri Ramesh Chand Sharma B/c Brahmin, Aged About 26 Years, R/o Krishna Public School, Near Sikandara, Tehsil Bandikui, District Dausa, Raj.

----Respondents For Petitioner(s) : Mr. Jagdish Narayan Sharma For Respondent(s) : Mr. N.S. Dhakar, PP for State Mr. Buddhi Prakash Sharma, for respondent No.2 HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Order

11/12/2018 Present petition has been filed under Section 482 Cr.P.C.

seeking quashing of proceedings arising out of FIR No.325/2018, registered at Police Station Sikandara, District Dausa for offences under Sections 498A, 406, 323 IPC and Sections 3, 4, 6 of Dowry Prohibition Act. In the present petition, quashing of FIR has been sought on the basis of compromise.

Complainant Smt. Bindiya Sharma @ Kirti is present in court.

She has been identified by her counsel Shri Buddhi Prakash Sharma.

In the Court a Demand Draft of Rs.3,50,000/- has been handed over to the complainant. Photocopy of the same is retained in record.

Complainant Smt. Bindiya Sharma @ Kirti has stated that yesterday a joint petition under Section 13-B of Hindu Marriage Act has been filed before the Family Court at Jaipur for dissolution of marriage by way of mutual consent.

Learned counsel for the petitioner has also drawn attention of this court to the compromise (Annx.2) annexed with the present petition.

Petitioner Abhishek Sharma is also present in court. He has been identified by his counsel Shri Jagdish Narayan Sharma.

Petitioner and the complainant-respondent No.2 who are present in court have jointly stated that they shall remain bound by the compromise (Annx.2). Complainant has stated that she no longer intend to pursue the present FIR.

Learned counsel for the petitioner has 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 invoking inherent powers under Section 482 Cr.P.C. can quash the FIR and subsequent criminal proceedings even for non-

compoundable offences.

Taking into account the submissions made by the learned counsel for the parties and considering the fact that the matrimonial dispute has been resolved by the parties by way of compromise, present petition is allowed and the impugned FIR alongwith all subsequent proceedings is quashed.

(KANWALJIT SINGH AHLUWALIA),J Govind/