1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. Criminal Misc. Petition No.1509/2007 Raj Deepak Gaira vs. State of Raj.& Anr. Date of Order ::::: February 6,2009 Present HON'BLE MR.JUSTICE BHANWAROO KHAN Mr.K.A.Khan for the petitioner Mr. K.S.Chandel, P.P. Mr. G.S.Sodhi for respondent no.2. Petitioner Raj Deepak Gaira, husband of respondent no.2 Smt. Rijula Gushai has filed this petition under Section 482 Cr.P.C. for quashing FIR No.6/2007 registered at Police Station Mahila Thana, Ajmer for offence under Sections 498-A and 406 IPC. The brief facts of the case are that the respondent no.2 was married to petitioner as per the Hindu rites on 20.2.2003 but due to disputes between them disputes arose and several litigations between the parties are going on and the present FIR (FIR No.6/2007) is one of them. Initially the relief was sought for on the ground 2 that the FIR has been lodged on the basis of false allegations and that no offence is alleged to have been committed within the jurisdiction of Mahila Thana, Ajmer. However, on 28.1.2009 an application has been moved for attesting the compromise annexed to the application and for quashing the FIR on the basis of the compromise. On 21.1.2009 an application has been filed on behalf of the petitioner and respondent No.2 along with a copy of the compromise deed arrived at in between the petitioner and respondent No.2, certified copy of the order sheets of the criminal case No.147/2007 pending in the court of Judicial Magistrate No.2, Ajmer and also a certified copy of the application filed in the court of Judicial Magistrate No.2, Ajmer for quashing the proceedings in that Criminal case. The order dated 21.1.2008 passed by the Judicial Magistrate No.2, Ajmer reveals that no final order could be passed as the original record relating to the case is lying in this Court. Therefore, during the course of the arguments, learned counsel for the parties pray that along with FIR No.6/2007 the proceedings in Criminal case No.147/2007 State vs. Rajdeepak arising out of FIR No.8/2007 registered at Police Station Mahila Thana, Ajmer may also be quashed. In 3 support of their contentions, learned counsel for the petitioner and respondent no.2 place reliance on the decision of the Apex Court in the matter of B.S.Joshi & Ors. vs. State of Haryana & Another {2003 R.C.C.(SC) 400). Petitioner and respondent no.2 both are present in person in the Court and have verified the factum of compromise and also the terms and conditions mentioned in the same. Having heard learned counsel for the parties, I have gone through the material available on record as well as the case law cited at the bar. In the case of B.S.Joshi (supra) their Lordhsips of the Supreme Court have specifically held that the High Court in exercise of inherent powers under Section 482 Cr.P.C. can quash the FIR or the complaint or the criminal proceedings even though the offence may not be compoundable under the Cr.P.C. In the instant case the parties, admittedly, are husband and wife and have compromised the matter by mutual settlement out of the court in relation to all the disputes. In such circumstances, having regard to the compromise and the relation between the parties it is justified that the proceedings 4 pending between them be quashed on the basis of the compromise. Consequently, this misc. petition is allowed and FIR No.6/2007 and also the proceedings of Criminal case No.147/2007 pending in the court of Judicial Magistrate No.2, Ajmer arising out of FIR No.8/2007 registered at Police Station Mahila Thana, Ajmer are hereby quashed. (Bhanwaroo Khan),J. bairwa 5 S.B.Cr. Misc. Stay Application No.168/2007 in S.B. Criminal Misc. Petition No.1509/2007 Raj Deepak Gaira vs. State of Raj.& Anr. Date of Order ::::: February 6,2009 HON'BLE MR.JUSTICE BHANWAROO KHAN Mr.K.A.Khan for the petitioner Mr. K.S.Chandel, P.P. Mr. G.S.Sodhi for respondent no.2. Since the main petition has been allowed, this stay application also stands disposed of. (Bhanwaroo Khan),J. bairwa