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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.