Rajasthan High Court
Vinod Kumar Meena S/O Ramphool ... vs State Of Rajasthan on 9 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5927/2020
Vinod Kumar Meena S/o Ramphool Meena, R/o Khori Tehsil Bassi
District Jaipur
----Petitioner/Accused
Versus
1. State Of Rajasthan, Through PP
----Respondent
2. Seema Bairwa W/o Vinod Kumar Meena D/o Babu Lal, Aged
about 28 years, R/o Sisodiya Tehsil Ramgarh Pachwara
District Dausa
----Complainant/Respondent
For Petitioner(s) : Mr. Chandra Shekhar
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Anil Kumar Sharma for
Mr. Adam Singh Gurjar
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
09/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.256/2020 dated 26.08.2020
registered at Police Station Ramgarh Pachwara, District Dausa for
offence under Sections 376 & 506 of I.P.C.
Relying on the certificate of registration of marriage dated
31.12.2020 issued by Marriage Registration Officer, Ghaziabad (U.P.),
learned counsel for the petitioner submitted that the accused
petitioner and the complainant/respondent No.2 have solemnized
marriage and now the respondent No.2 does not want to prosecute
the matter further against him. He prayed for quashing the FIR in
question on the strength of judgments of Hon'ble Apex Court of India
in cases of Gian Singh versus State of Punjab & Anr. reported in
JT 2012 (9) SC-426, Narinder Singh & Ors. versus State of
(2 of 2) [CRLMP-5927/2020]
Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 & Saju P.R. Vs.
State of Kerala, 2018 SCC Online Ker 10821 and co-ordinate
Bench judgments of this Court in cases of Mubin Khan Vs. State of
Rajasthan in S.B. Criminal Appeal No.1302/2020 & Hardik
Sharma Vs. State of Rajasthan in S.B. Criminal Miscellaneous
Petition No.6271/2019.
Learned Public Prosecutor opposed the criminal miscellaneous
petition.
Learned counsel for the complainant alongwith complainant
present in person acknowledging the factum of compromise between
the parties, submitted that he has no objection if the FIR in question
is quashed.
Heard the learned counsels for the parties and perused the
record.
Since the parties have solemnized marriage and the respondent
No.2/complainant does not want to prosecute the matter further
against the petitioner as well as in view of the law laid down by the
Hon'ble Apex Court of India in cases of Gian Singh (supra),
Narinder Singh (supra) & Saju P.R. (supra), and co-ordinate
Bench judgments of this Court in cases of Mubin Khan (supra) &
Hardik Sharma (supra), this Court deems it just and proper to
quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed. The
FIR No.256/2020 dated 26.08.2020 registered at Police Station
Ramgarh Pachwara, District Dausa for offence under Sections 376 &
506 of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/65
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