Rajasthan High Court
Jagram S/O Ramsahai vs State Of Rajasthan on 22 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3338/2020
Jagram S/o Ramsahai, R/o Dhai Wala Dhani, Village Digo, PS
Lalsot, Distt. Dausa, Raj.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Victim A W/o Rajesh Gurjar, R/o Dhani Badbad Ki, Tan
Diggo, Tehsil Lalsot, District Dausa
----Complainant-Respondents
For Petitioner(s) : Mr. Ravindra Kumar Paliwal
For Respondent(s) : Mr. Atul Sharma, PP
Mr. Abhishek Haver
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
22/02/2021
Learned Public Prosecutor has submitted the status report
dated 17.02.2021 furnished by SHO, Police Station Lalsot, District
Dausa which is taken on record.
As per the status report, the petitioner does not have any
criminal antecedent.
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.48/2020 dated 17.03.2020
registered at Police Station Lalsot, District Dausa for offence under
Section 376 I.P.C. and consequential criminal proceeding.
Learned counsel for the petitioner submitted the FIR came to
be lodged by the complainant under family pressure and she was
not subjected to any crime by him. Relying on the affidavit of the
complainant dated 20.02.2020, learned counsel submitted that
(2 of 3) [CRLMP-3338/2020]
now the dispute has amicably been settled between the parties
and the complainant does not want to prosecute the matter
further. Referring the judgments of 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 Rajasthan in S.B. Criminal Appeal
No.1302/2020 & Hardik Sharma Vs. State of Rajasthan in
S.B. Criminal Miscellaneous Petition No.6271/2019, he
prayed that the FIR and consequential proceeding be quashed.
Learned Public Prosecutor opposed the criminal
miscellaneous petition.
Learned counsel for the complainant alongwith complainant
present in person acknowledging the factum of compromise
between the parties, submitted that he has no objection if the FIR
in question and consequential criminal proceeding are quashed.
Heard the learned counsels for the parties and perused the
record.
A perusal of the material on record shows that the dispute
between the parties has amicably been settled by them. In view of
the affidavit of the complainant and 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 and consequential criminal proceeding.
(3 of 3) [CRLMP-3338/2020]
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.48/2020 dated 17.03.2020 registered at Police Station
Lalsot, District Dausa for offence under Section 376 I.P.C. and
consequential criminal proceeding are quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/293
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