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