Citation : 2021 Latest Caselaw 1474 Raj/2
Judgement Date : 10 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 844/2021
Balveer Singh Shekhawat Son Of Shri Kailash Singh Shekhawat,
R/o- J-510, Azar Nagar, Rankdi, Hasanpura, Sodala, Police
Station Sodala, Jaipur.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
.....Respondent
2. Neha Kanwar D/o Kiran Singh Rathore, R/o Jahota Bada Gaon, Chomu, Police Station Chomu, District Jaipur.
----Complainant-Respondent For Petitioner(s) : Mr. Vikas Saini For Respondent(s) : Mr. F.R. Meena, PP For Complainant : Mr. Basant Singh Rathore
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
10/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.205/2020 dated
11.09.2020 registered at Police Station Mahila Thana, District
Jaipur City (West) for offence under Sections 498-A, 406, 354,
323, 341 & 314 of I.P.C. and consequential criminal proceedings.
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 and consequential
criminal proceedings be quashed.
(2 of 2) [CRLMP-844/2021]
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 and
consequential criminal proceedings are quashed.
Heard learned counsels for the parties and perused the
record.
Undisputedly, the matrimonial dispute giving rise to FIR and
consequential criminal proceedings 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.205/2020 dated 11.09.2020 registered at Police
Station Mahila Thana, District Jaipur City (West) for offence under
Sections 498-A, 406, 354, 323, 341 & 314 of I.P.C. and
consequential criminal proceedings are quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/124
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