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Rajesh Kumar Jangid S/O Chetram ... vs State Of Rajasthan
2021 Latest Caselaw 1853 Raj/2

Citation : 2021 Latest Caselaw 1853 Raj/2
Judgement Date : 18 February, 2021

Rajasthan High Court
Rajesh Kumar Jangid S/O Chetram ... vs State Of Rajasthan on 18 February, 2021
Bench: Mahendar Kumar Goyal
       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1846/2020

Rajesh Kumar Jangid S/o Chetram Jangid, R/o Gadh Binjari, Teh.
Rajgarh,      Distt.   Alwar,      (Presently         R/o     Premnagar     Puliya,
Khandelwal Nagar, Agara Road, Jaipur.)
                                                            ----Accused-Petitioner
                                      Versus
1.      State Of Rajasthan, Through PP
2.      Smt. Komal Sharma D/o Vishnu Kumar Sharma W/o
        Rajesh Kumar Jangid, R/o Ward No. 12, Radha Krishna
        Nagar, Sikandara Road, Bandikui, P.S. Bandikui, Distt.
        Dausa Raj.
                                                ----Complainant-Respondents

For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Atul Sharma, PP Mr. G.L. Sharma for complainant(s)

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

18/02/2021 This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the FIR No.423/2019 dated

05.09.2019 registered at Police Station Bandikui, District Dausa

for offence under Sections 498-A, 406, 323, 341, 504, 376 and

511 of IPC.

Learned counsel for the petitioner submitted that the FIR in

question arises out of matrimonial dispute between the parties,

which, as per the mediation report dated 20.02.2020, has

amicably been settled between the parties. He stated that

therefore, the FIR in question is liable to be quashed in view of the

judgments of the Hon'ble Apex Court of India in cases of B.S.

(2 of 2) [CRLMP-1846/2020]

Joshi & Ors. Vs. State of Haryana & Anr., 2003 (4) SCC 675,

Gian Singh versus State of Punjab & Anr. reported in JT 2012

(9) SC-426 and Narinder Singh & Ors. versus State of

Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351.

Learned Public Prosecutor has opposed the criminal

miscellaneous petition.

Learned counsel appearing for the complainant

acknowledging the factum of compromise between the parties in

terms of mediation report, 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 cases of

B.S. Joshi (supra), Gian Singh (supra) and Narinder Singh (supra),

this Court deems it just and proper to quash the FIR in question.

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.423/2019 dated 05.09.2019 registered at Police

Station Bandikui, District Dausa for offence under Sections 498-A,

406, 323, 341, 504, 376 and 511 of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

MADAN/230

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