High CourtsSingle Bench(2018) 03 RAJ CK 0066

Hukam Chand Sharma @APPELLANT@Hash State Of Rajasthan And Another

Rajasthan High Court · Decided on 8 March 2018

HON’BLE JUDGES
KANWALJIT SINGH AHLUWALIA, J
CASE NUMBER
Criminal Misccellaneous (Petition) No. 686 of 2018

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Judgment

6 paragraphs · 281 words

Smt. Kavita Sharma, complainant-respondent No.2 had lodged FIR No.288/2015 at Police Station Tunga, District Jaipur for offences under Section 498-A, 406 & 354 IPC against her father-in- law Hukum Chand Sharma, petitioner. It is submitted that now complainant-respondent No.2 Smt. Kavita Sharma is residing separately with her husband Shiv Sharma at Bassi whereas Hukum Chand Sharma, father-in-law is residing at Jaipur. It is submitted that due to intervention of the respectables relatives family dispute has been amicably resolved and parties have decided to promote ever lasting peace, amity and harmony in the family. It is submitted that factum of compromise Annexure-1 was presented before the trial Court and trial Court on 06.12.2017 passed following order thereupon :-

“6-12-2017

i{kdkjksa us 14-12-2017 dks jkthukek is’k fd;k x;k Fkk] ml fnu vly i=koyh vihyh; U;k;kÅ' ls izkIr u gksus ls rLnhd ugha fd;k x;k] i=koyh izkIr gks pqdh gSA vkt iqu% lquk x;kA ifd;kA jkthukek /kkjk 406 vkbZihlh dh gn rd rLnhd fn;k tkrk gSA 'kkfey i=koyh gksA

,l-Mh-—

Mr. Suresh Dhenwal appearing for the petitioner. Mr. Hemant Gajraj appearing for Smt. Kavita Sharma, respondent No.2 have submitted that factum of compromise has been attested by the trial Court. Smt. Kavita Sharma who is present in person has also prayed that she is not intended to pursue the FIR as continuance of the proceedings against the father-in-law will strain her matrimonial relations.

After hearing Counsel for the parties, considering that a matrimonial dispute has been resolved relying upon the observations made by the Supreme Court in the case of B.S.Joshi Vs. State of Harayana, reported in [(2003) 4 S.C.C.675], the present petition is accepted and impugned FIR is quashed alongwith all subsequent proceedings.