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Judgment
The present petition has been filed under Section 482
Cr.P.C., seeking quashing of FIR No. 424/2015 registered at Police
Station Mahila Thana, Kota City, Kota for offences under Sections
498A and 406 IPC.
Briefly stated, Ms. Anuradha Srivastava on 19.11.2013
according to Hindu customs and rites, was married with accused
petitioner no.1 Anurag Srivastava. During subsistence of marriage,
dispute arose which led complainant aggrieved wife to lodge the
impugned FIR. During the pendency of the proceedings better
sense prevailed upon the parties and due to intervention of the
respectables, amicable settlement was arrived at. The compromise
/ settlement has been annexed with the present petition as
Annexure-2.
As per the said settlement, Rs. 7 Lakhs were to be paid to the respondent aggrieved wife. It is stated by Ms. Anuradha
Srivastava that she has already received Rs.3.50 Lakhs of the
total amount and rest of the amount is to be paid on quashing of
FIR and grant of divorce.
The compromise arrived at between the parties was
presented before the trial court and the trial court on 23.10.2017,
verified the compromise and thereafter had acquitted the accused
respondent of offence under Section 406 IPC. However, the
compromise was rejected qua offence under Section 498A IPC on
the ground that same is non-congizable. The order dated
23.10.2017 passed by the trial court reads as under:-
"VERNACULAR MATTER OMITTED"
Ms. Anuradha Srivastava who is present in the court
has been identified by her counsel Mr. Dharmendra Kumar
Srivastava. The complainant aggrieved wife has agreed to
quashing of impugned FIR along with all subsequent proceedings.
The learned counsel for the parties have jointly relied
upon B.S. Joshi & Ors. vs. State of Haryana & Anr ., 2003
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.
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.