K.C. Sharma, J. - (1.) Heard counsel for the parties. Through this petition, the accused-petitioner has invoked inherent jurisdiction for quashing FIR No. 9/2003 registered for offence u/ss. 498-A & 406 IPC at police station Laxmangarh, district Sikar.
(2.) Mr. Damodar Mishra, learned counsel for the petitioner has strenuously contended that the FIR lodged by the respondent-wife against the petitioner does not disclose any offence and that too has been lodged after she first resorted to the provisions of Section 9 of the Hindu Marriage Act, 1956 for restitution of conjugal rights. According to him, the criminal proceedings instituted by the non-petitioner wife are manifestly malicious and have been launched with an ulterior motive. The false hood of the FIR is apparent from the mere fact that not only the petitioner and his uncle who are residing in Sarjah (OAE) and Mumbai, respectively, but minor sister of the petitioner has also been implicated in the case. Learned counsel further contended that the parties have amicably settled their disputes out of the Court and to this effect the parties have recorded settlement in writing on2.8.2002. According to him all the belongings of either party have been returned and that the application filed by the wife for restitution of conjugal rights shall also be withdrawn. In this back-ground, learned counsel argued that it would be in the interest of justice that criminal proceedings should not be allowed to be continued, inasmuch as continuance of criminal proceedings would be a strong obstacle in meeting out the differences between two families, rather it would create further problems.
(3.) Per contra, learned Public Prosecutor and learned counsel for the complainant have rebutted the above arguments. Mr. Dhand appearing for the non-petitioner has vehemently argued that the non-petitioner, just after her marriage was subjected to severe cruelty for and in connection with demand of dowry and therefore, she had no option but to report the matter to the Superintendent of Police, which was turned into the FIR in question. Learned counsel also denied any such compromise/settlement between the parties.;