Citation : 2021 Latest Caselaw 1475 Raj/2
Judgement Date : 10 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 833/2021
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.
2. Neha Kanwar D/o Kiran Singh Rathore, R/o Jahota Bada
Gaon, Chomu, Police Station Chomu, District Jaipur.
----Respondents
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.333/2020 dated
20.12.2020 registered at Police Station Kalwar, District Jaipur City
(West) for offence under Sections 365 and 382 of I.P.C. and
consequential criminal proceedings.
Learned counsel submitted that the minor matrimonial
dispute between the petitioner-Balveer and complainant has been
given colour of criminal case; although, not involving any heinous
offence. Relying on the compromise dated 24.12.2020, he
submitted that the matter has amicably been settled between the
parties. Referring the judgments of the 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.
(2 of 2) [CRLMP-914/2021]
versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC)
351, he prayed that FIR in question and consequential criminal
proceedings be quashed.
Learned Public Prosecutor 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 the learned counsels for the parties and perused the
record.
From the material on record, it is apparent that the dispute,
not involving any heinous offence, has amicably been settled
between the parties. In view of compromise and the law laid down
by the Hon'ble Apex Court of India in cases of Gian Singh
(supra) & Narinder Singh (supra), this Court deems it just and
proper to allow this criminal miscellaneous petition.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.333/2020 dated 20.12.2020 registered at Police
Station Kalwar, District Jaipur City (West) for offence under
Sections 365 and 382 of I.P.C. and consequential criminal
proceedings are quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/129
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