Mohd. Azam S/O Mohd. Aslam vs State Of Rajasthan
2021 Latest Caselaw 2072 Raj/2

Citation : 2021 Latest Caselaw 2072 Raj/2
Judgement Date : 25 February, 2021

Rajasthan High Court

Mohd. Azam S/O Mohd. Aslam vs State Of Rajasthan on 25 February, 2021

Bench: Mahendar Kumar Goyal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1240/2021

Mohd. Azam S/o Mohd. Aslam, Aged About 25 Years, R/o
Thathar Road, Amer, (Raj).
                                                        ----Petitioner/Accused
                                   Versus
1.      State Of Rajasthan, Through Its P.P.
                                                      ............Non-Petitionier.
2.      Victim, W/o Manik Roy, D/o Shri Paresh Burman, aged
        about 30 years, R/o D3, Gali No.2 Saraswatinagar,
        Sushilpura, Sodala, Jaipur City (South), Raj.
                                             ----Respondent/Complainant

For Petitioner(s)         :    Mr. Subham Bhai
For Respondent(s)         :    Mr. Prashant Sharma, PP
For Complainant           :    Mr. Jaya Dhoot
                               Complainant-present in person

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

25/02/2021 This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.229/2020 registered at Police Station Ashok Nagar, District Jaipur City (South) for offence under Sections 376, 384, 323 and 341 of IPC.

Learned counsel for the petitioner submitted that the instant FIR came to be lodged by the complainant under misconception between the parties. Relying on the affidavit of the complainant dated 23.11.2020, he submitted that the complainant has submitted therein that she was not subjected to any crime by the petitioner and she does not want to prosecute the matter further against the petitioner.

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

(2 of 2) [CRLMP-1240/2021]

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, learned counsel for the petitioner prayed for quashing the FIR in question.

Learned Public Prosecutor 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.

The complainant is present in person and has stated that she does not want to prosecute the matter further against the petitioner in FIR in question.

Heard the learned counsels for the parties and perused the record.

Since the dispute has amicably been settled between the parties and the complainant does not want to prosecute the matter further against the petitioner, 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.229/2020 registered at Police Station Ashok Nagar, District Jaipur City (South) for offence under Sections 376, 384, 323 and 341 of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

Sudha/280