// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT PRINCIPAL SEAT, JODHPUR ORDER In S.B. Cr. Misc. Petition No.1019/2009 {Sandeep Nath and Others Vs. The State of Rajasthan and Another} Date of Order ::: 9th July, 2009 PRESENT HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Sandeep Mehta, Counsel for petitioners Shri Mahipal Vishnoi, PP for the State Shri H.M. Saraswat, for respondent No.2 Shri Raghuveer Singh, I.O., present-in-person #### By the Court: The petitioners No.1 to 4 are present in person. The Complainant/respondent No.2 Smt. Kirti is also present-in-person. Shri Raghuveer Singh, the Investigating Officer of the case, is present in person. Learned counsel for the parties contended that the present matter arises out of matrimonial dispute and, during the pendency of investigation of FIR No.101, dated 17th May, 2009, under Sections 498A, 406, 323 IPC, the parties have settled their all disputes through written compromise/agreement dated 6th June, 2009, a photo stat copy of which has been placed on the record along-with this petition // 2 // filed under Section 482, Cr.P.C., for quashing the FIR. The file was sent for attestation and verification of the compromise, to the Deputy Registrar (Judicial) of this Court, who has attested and verified the compromise. All the parties have put their signature thereon. As per term No.8 of the compromise, it was a duty of second party i.e. petitioners to move an application for quashing of FIR and, in term thereof, the present petition has been filed on their behalf. The respondent No.2/complainant Smt. Kirti, who is present in person, has no objection in quashing the FIR. The parties, who are present in person, have admitted the contents of the compromise. The Hon'ble Supreme Court in B.S. Joshi & Others Vs. State of Haryana & Another – 2003 (4) SCC 675, observed that it is a duty of the Court to encourage genuine settlements of matrimonial disputes and proceedings can be quashed under Section 482 Cr.P.C. It has further been held that Section 320 of the CrPC does not limit or affect the powers of the High Court under Section 482 of the CrPC. In view of the above, I allow this petition under Section 482, Cr.P.C., and quash // 3 // the F.I.R. No.101 dated 17th May, 2009, registered at Mahila Police Station, Jodhpur. A copy of order passed by the Deputy Registrar (Judicial) dated 9th July, 2009, attesting and verifying the compromise, shall form part of this order. (NARENDRA KUMAR JAIN), J. //Jaiman//