HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 3583/2020
1. Amarnath Gupta S/o Sh. Lala Ram, Aged About 61 Years, B/c Aggarwal, R/o House No. 7 And 8, Pocket F-17, Sector 8, Rohini, Delhi.
2. Ratanmala Gupta W/o Amarnath Gupta, Aged About 55 Years, B/c Aggarwal, R/o House No. 7 And 8, Pocket F-17, Sector 8, Rohini, Delhi.
----Petitioners Versus
1. State, Through PP
2. Surbhi D/o Praveen Kumar, W/o Abhishek Aggarwal, R/o Adarsh Nursing Home, Sukhadiya Nagar, Jawahar Nagar, Sriganganagar (Raj.).
----Respondents For Petitioner(s) : Mr. Himmat Jagga For Respondent(s) : Mr. S.K. Bhati, PP Mr. Umesh Kant Vyas HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment 12/11/2021 Defects pointed out by the Registry are overruled. The present misc. petition has been filed for quashing the FIR No.54/2020 registered at Police Station Mahila Thana, District Sri Ganganagar for the offences under Sections 498A, 406, 323 and 354 of IPC.
Heard learned counsel for the parties. Learned counsel for the petitioners submits that the parties have entered into compromise and in furtherance of the same, a demand draft of Rs.30,00,000/-(Rs.Thirty Lakhs only) has been (Downloaded on 15/11/2021 at 08:51:08 PM) (2 of 2) [CRLMP-3583/2020] handed over by the counsel for the petitioners to the counsel for the complainant.
The fact of compromise is not disputed by the counsel for the respondent.
Learned counsel for the petitioners has relied upon the judgment of the Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021) and prays that the proceedings arising out of the FIR may be quashed.
In view of the aforementioned compromise arrived at between the parties and considering the fact that the compromise is not disputed by learned counsel for the complainant as also applying the law laid down in Gian Singh vs. State of Punjab (Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) & Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra) this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the proceedings pending before the Chief Judicial Magistrate, Ganganagar regular Criminal Case No. 233/2021 arising out of FIR No.54/2020 registered at Police Station Mahila Thana, District Sri Ganganagar for the offences under Sections 498A, 406, 323 and 354 of IPC is quashed and set aside.
(VINIT KUMAR MATHUR),J C-1-Shahenshah/Vivek-
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