Victim-A vs State Of Rajasthan
2021 Latest Caselaw 1535 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1067/2021

Victim-A, Daughter of Late Sh. Atal Kumar Jha Aged About 19
Years wife of Raj Singh, R/o Kansua Kota at present House No.
F-10 Shivraj Nagar Baran
                                                  ----Complainant/Petitioner
                                   Versus
State of Rajasthan, through P.P.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Rohan Jain
For Respondent(s)        :     Mr. F.R. Meena, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

11/02/2021

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

has been filed for quashing the FIR No.557/2020 registered at Police

Station Udhog Nagar, District Kota for offence under Sections 376-D,

323 & 506 of IPC.

Learned counsel for the petitioner submitted that the instant

FIR was lodged by the petitioner against her husband under

misconception of fact and now, she does not want to prosecute

the matter further against him.

Relying on 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. versus State of

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

(2 of 2) [CRLMP-1067/2021]

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 counsel for the petitioner prayed

for quashing the FIR in question.

The petitioner is present in person and has stated that she

does not want to prosecute the matter further against her

husband-the accused in FIR in question.

Learned Public Prosecutor opposed the criminal miscellaneous

petition.

Heard the learned counsels for the parties and perused the

record.

Since the dispute has amicably been settled between the

parties and the petitioner/complainant does not want to prosecute

the matter further against her husband, 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.557/2020 registered at Police Station Udhog Nagar, District

Kota for offence under Sections 376-D, 323 & 506 of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

Manish/141

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