Citation : 2021 Latest Caselaw 19107 Raj
Judgement Date : 15 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6895/2021
Bhupendra Kumar Baid S/o Parasmal Baid, Aged About 33 Years, r/o Pani Ki Tanki Ke Pass, Jorawarpura Teh. Nokha Dist. Bikaner, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Smt. Mamta Baid W/o Bhupendra Kumar Baid D/o Subhkaran Mahnot, B/c Baid aged about 31 years r/o Pani Ki Tanki Ke Pass, Jorawarpura Teh. Nokha Dist. Bikaner, Rajasthan. At Present Residing At C/o Subhkaran Mahnot, Village Udasar Dist. Bikaner.
----Respondents
For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
15/12/2021 The present misc. petition has been filed for quashing the
FIR No.224/2021 registered at Police Station Mahila Thana,
District Bikaner for the offences under Sections 498A, 406, 120-B,
315, 323, 354, 417, 418, 420, 424 and 426 of the IPC.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner submits that the parties
have compromised the matter outside the Court. The compromise
deed has been filed before the registry of this Court.
The fact of compromise is not disputed by learned counsel
for respondent No. 2.
(2 of 2) [CRLMP-6895/2021]
Learned counsel for the petitioner 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 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 respondent 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
impugned FIR No. 224/2021 registered at Police Station Mahila
Thana, District Bikaner for the offences under Sections 498A, 406,
120-B, 315, 323, 354, 417, 418, 420, 424 and 426 of the IPC is
quashed and set aside.
(VINIT KUMAR MATHUR),J
94-payal/-
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