Badrinaryan Yadav S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 1331 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 6530/2020

Badrinaryan Yadav S/o Shri Radheshyam Yadav, Aged About 29
Years, R/o Shyosinghpura, Dhanakiya Tehsil And Distt. Jaipur
Raj.
                                                           ----Accused-Petitioner
                                      Versus
1.       State Of Rajasthan, Through P.P.
                                                                    ....Respondent

2. Smt. Sumitra Devi Yadav W/o Badrinarayan D/o Shri Kajod Yadav, Presently Residing At Bad Pithawas, Lalyawali Dani, P.s. Kardhani, Distt. Jaipur Raj.

                                                 ----Complainant-Respondent


For Petitioner(s)           :    Mr. K.L.Meena for
                                 Mr. Arvind Sharma
For Respondent(s)           :    Mr. F.R. Meena, PP
For Complainant             :    Mr. Atul Bhardwaj

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

08/02/2021

This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the FIR No.0103/2020 dated

20.06.2020 registered at Police Station Mahila Thana, District

Jaipur (West) for offence under Sections 498-A & 406 of I.P.C.

Relying on the judgment of Hon'ble Apex Court of India in

case of B.S. Joshi & Ors. Vs. State of Haryana & Anr., 2003

(4) SCC 675, learned counsel for the petitioner submitted that

since the matrimonial dispute between the parties has amicably

been settled; hence, the FIR in question be quashed.

                                                                        (2 of 2)                         [CRLMP-6530/2020]



                                         Learned   Public    Prosecutor         has     opposed           the   criminal

                                   miscellaneous petition.

                                         Learned    counsel       appearing            for        the      complainant

acknowledging the factum of compromise between the parties

submitted that he has no objection if the FIR in question is

quashed.

Heard learned counsels for the parties and perused the

record.

Undisputedly, the matrimonial dispute giving rise to FIR in

question has amicably been settled between the parties. In view

of the law laid down by the Hon'ble Apex Court of India in case of

B.S. Joshi (supra), this Court deems it just and proper to quash

the FIR in question.

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.0103/2020 dated 20.06.2020 registered at Police

Station Mahila Thana, District Jaipur (West) for offence under

Sections 498-A & 406 of I.P.C. is quashed.

(MAHENDAR KUMAR GOYAL),J

Sudha/80

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