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Judgment
By this common order, SBCRLMP Nos. 6869/2018, 3642/2016 and 4986/2016 shall be decided together.
The petitioner to all the three petitions Avrit Jaj was married on 16.6.2010 with Gurbhej Singh complainant/respondent no.2 in all the three petitions.
First, it will be apposite to take note of litigation pending between the parties.
Gurbhej Singh, complainant/respondent no.2 on 19.5.2012 lodged FIR No.108/2012 at Police Station Adarsh Nagar, Jaipur City (East) for the offences under Sections 147, 323, 327, 342, 386, 120B, 420 IPC and Section 66E of Information Technology Act against his wife and others.
Petitioner Avrit Jaj lodged FIR No.360/2012 dated 6.9.2012 at Police Station Amer, Jaipur (North) for the offenes under Sections 384, 343, 366, 376 and 120B IPC against her husband Gurbhej Singh respondent no.2.
SBCRLMP No.3642/2016 has been filed by the petitioner Avrit Jaj to assail the order dated 3.10.2013 whereby the court of Additional Chief Metropolitan Magistrate No.10, Jaipur Metropolitan, Jaipur dismissed the protest petition filed by petitioner and accepted Final Report No.01/2013 submitted in negative form arising out of FIR No.360/2012 registered at Police Station Amer, Jaipur (North) for the offences under Sections 384, 343, 366, 376 and 120B IPC. It is also prayed that the order dated 25.6.2016 passed by the revisional court below whereby the order dated 3.10.2013 was affirmed be also set aside.
In SBCRLMP No.4986/2016, petitioner Avrit Jaj has prayed that the order dated 11.5.2016 passed by the court of Metropolitan Magistrate No.18, Jaipur Metropolitan, Jaipur whereby permission to the petitioner to go abroad was refused by not releasing the Passport be set aside. The said application for release of Passport has been filed in case arising out of FIR No.108/2012 registered at Police Station Adarsh Nagar, Jaipur, wherein petitioner Avrit Jaj is facing trial at the instance of her husband Gurbhej Singh.
SBCRLMP No.6869/2018 has been filed to assail the order dated 10.8.2018 passed by the court of Metropolitan Magistrate No.18, Jaipur Metropolitan, Jaipur whereby he partly accepted the compromise arrived between the parties at the instance of Mediation and Conciliation Center of Rajasthan High Court Bench at Jaipur, but rejected the same qua non-compoundable offences.
A perusal of the impugned order reveals that the compromise was accepted qua offences under Sections 323/120B, 342/120B, 420 IPC and Section 66E of Information Technology Act and qua these offences the petitioner Avrit Jaj was acquitted. However, compromise was rejected qua offences under Sections 147, 327/120B, 386/120B, 201/120B, 327, 327/149, 386, 386/149, 201, 201/149 IPC, as the said offences are non-compoundable.
It may be noted that in SBCRLMP No.4986/2016, in which prayer for release of Passport to enable the petitioner Avrit Ja to visit abroad has been made, a co-ordinate Bench on 20.2.2018 had passed the following order:
"On the prayer made by learned counsel for the petitioner as also agreed upon by the counsel appearing for complainant, the matter is referred to the Mediation Centre attached to this Court. The parties are directed to remain present before the Mediation Centre on 05.03.2018. List the matter on 15.03.2018, as prayed."
In pursuance of the aforesaid order, the matter was referred to Mediation and Conciliation Center of this Court. The parties to litigation on 2.8.2018 arrived at a settlement under the aegis of Mediation and Conciliation Center of this Court. The compromise arrived between the parties at the behest of Mediation and Conciliation Center of this Court, be read as part of this order.
Today, Avrit Jaj, the petitioner is present in the Court alongwith her counsel Mr. Kapil Gupta, whereas Gurbhej Singh the respondent no.2 is also present in the Court alongwith his counsel Mr. Arpan Kumar. Both the counsel have identified their respective parties.
Having taken note of the pendency of litigation and history thereof, now it is time to take each petitions separately for disposal in view of the joint request made by the learned counsel for the parties.
S.B. Criminal Miscellaneous (Petition) No. 3642/2016: Learned counsel for the petitioner has contended that since compromise has been arrived between the parties, the petitioner being complainant shall accept the Final Report in negative form, hence, the present petition be dismissed as withdrawn.
As prayed, the present petition is dismissed as withdrawn. S.B. Criminal Miscellaneous (Petition) No. 4986/2016: Learned counsel for the petitioner has contended that in view of the compromise arrived between the parties, the present petition be dismissed as withdrawn.
As prayed, the present petition is dismissed as withdrawn.
S.B. Criminal Miscellaneous (Petition) No. 6869/2018: Petitioner and complainant/respondent no.2, in presence of their counsel have submitted that they shall remain bound by the compromise dated 2.8.2018 arrived at the behest of Mediation and Conciliation Center of this Court.
Learned counsel for the petitioner has submitted that since the matrimonial dispute has been amicably resolved, parties have filed divorce petition under Section 13B of Hindu Marriage Act for dissolution of marriage by way of mutual consent, in the Family Court No.2, Jaipur.
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 in terms of the compromise dated 2.8.2018 arrived under the aegis of Mediation and Conciliation Center, Jaipur Bench, Rajasthan High Court, Jaipur.