Manish Bamaniya Son Of Shri Fagan ... vs State Of Rajasthan
2021 Latest Caselaw 1854 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 7342/2019

Manish Bamaniya Son of Shri Fagan Lal, aged about 23 Years,
aged about 23 Years, Resident of Meghwal, Resident of Pragati
Nagar, Kotda, Ajmer.
                                                          ----Accused/Petitioner
                                    Versus
1.      State of Rajasthan, through P.P.
2.      Smt. Karishma Kheechi, D/of Shri Phool Chand Kheechi,
        aged about 20 Years, Resident of Alakhnanda Colony,
        Raatidaang, Vaishali Nagar, Ajmer.
                                          ----Complainant/Non-petitioners


For Petitioner(s)          :     Mr. G.K. Sharma
For Respondent(s)          :     Mr. Mangal Singh Saini, P.P.

For Complainant Mr. J.K. Moochandani for Mr. Devanshu Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

18/02/2021

Learned counsel for the petitioner does not press the

application (IA No.1/2021), the same is dismissed as not pressed.

Learned counsel for the petitioner has submitted the

compromise dated 15.12.2020 in original before this Court. The

compromise is taken on record.

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

has been filed for quashing the FIR No.171/2019 dated

11.07.2019 registered at Police Station Mahila Police Station,

District Ajmer for offence under Sections 498-A, 406 & 420 of IPC.

Learned counsel for the petitioners submitted that the FIR in

question arises out of matrimonial dispute between the parties.

(2 of 2) [CRLMP-7342/2019]

Relying on the affidavit of the complainant dated 15.12.2020 and

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

Joshi & Ors. Vs. State of Haryana & Anr. reported in 2003 (4)

SCC 675, 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., he prayed

that the FIR No.171/2019 be quashed.

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 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 case of

B.S. Joshi (supra) Gian Singh (supra) & 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.171/2019 dated 11.07.2019 registered at Police

Station Mahila Police Station, District Ajmer for offence under

Sections 498-A, 406 & 420 of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

Manish/18

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