Chandrakant vs State Of Rajasthan
2021 Latest Caselaw 19332 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2824/2021

1. Chandrakant S/o Sh. Mafatlal, Aged About 70 Years, B/c Soni, R/o Ambika Nagar Society, Garba Chowk, Dhanera, Police Station And Tehsil Dhanera, District Banaskantha (Gujarat)

2. Paresh Bhai S/o Sh. Chandrakant, Aged About 45 Years, B/c Soni, R/o Ambika Nagar Society, Garba Chowk, Dhanera, Police Station And Tehsil Dhanera, District Banaskantha (Gujarat)

3. Smt. Heera Ben W/o Sh. Paresh Bhai, Aged About 43 Years, B/c Soni, R/o Ambika Nagar Society, Garba Chowk, Dhanera, Police Station And Tehsil Dhanera, District Banaskantha (Gujarat)

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Smt. Priyanka W/o Sh. Raj Soni, D/o Sh. Manilal, B/c Soni, R/o Ambika Nagar Society, Garba Chowk, Dhanera, Police Station And Tehsil Dhanera, District Banaskantha (Gujarat) Presently Residing At Village Sarat, Police Station Bagra, Tehsil And District Jalore (Raj.)

----Respondents

For Petitioner(s) : Mr. Chakravarti Singh Rathore For Respondent(s) : Mr. S.K. Bhati, PP Mr. Jagdish Singh, for the complainant

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment / Order

17/12/2021

The present misc. petition has been filed for quashing the

FIR No.54/2021 registered at Police Station Bagra, District Jalore

(2 of 3) [CRLMP-2824/2021]

for the offence under Sections 498-A, 323, 406, 376/511 & 504

IPC.

Heard learned counsel for the parties.

Learned counsel for the petitioners submits that the parties

have compromised the matter. The compromise deed is placed on

record.

The fact of compromise is not disputed by learned counsel

for respondent No. 2.

Learned Public Prosecutor as per the factual report submits

that although the FIR was registered under Section 498-A, 323,

406, 376/511 & 504 IPC, however, the police is proposing to file

charge-sheet only under Section 498-A, 406, 323 IPC.

The factual report is taken on record.

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.

(3 of 3) [CRLMP-2824/2021]

Accordingly, the present misc. petition is allowed and the

impugned FIR No. 54/2021 registered at Police Station Bagra,

District Jalore for the offence under Sections 498-A, 323, 406,

376/511 & 504 IPC is quashed.

(VINIT KUMAR MATHUR),J

3-praveen/-

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