Rajasthan High Court
Ankur Agrawal S/O Sri Vipin ... 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. 5816/2020
1. Ankur Agrawal S/o Sri Vipin Agrawal, R/o House No. 12/3
B.C. Enclave Road Mall Road Meerut Cantt. Meerut (U.P.)
Presently Residing At North Camp Air Force Station
Bamrauli Prayagraj
2. Vipin Agrawal S/o Late Jiya Lal, R/o House No. 12/3 B.C.
Joshi Enclave Road Mall Road Meerut Cantt. Meerut (U.P.)
Presently Residing At North Camp Air Force Station
Bamrauli Prayagraj
3. Vandana Agrawal W/o Vipin Agrawal, R/o House No. 12/3
B.C. Joshi Enclave Road Mall Road Meerut Cantt. Meerut
(U.P.) Presently Residing At North Camp Air Force Station
Bamrauli Prayagraj
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Pooja Agarwal W/o Ankur Agrawal D/o Shri Laxman
Prasad Garg, R/o House No. 428 Sector No. 3 Mukharji
Nagar Bharatpur Kotwali Bharatpur Rajasthan
----Complainant-Respondents
For Petitioner(s) : Mr. Neeraj Batra
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Hemendra Goyal
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.137/2020 dated
21.10.2020 registered at Police Station Mahila Thana, District
Bharatpur for offence under Sections 498-A, 406, 323 & 504 of
I.P.C.
(2 of 2) [CRLMP-5816/2020]
Learned counsel for the petitioners submitted that the FIR
arises out of matrimonial dispute between the parties. Relying on
the affidavit of the complainant filed on 19.02.2021, he submitted
that since the matter has amicably been settled between the
parties by way of compromise dated 05.12.2020, the FIR in
question is liable to be quashed in view of the judgment of the
Hon'ble Apex Court of India in case of B.S. Joshi & Ors. Vs.
State of Haryana & Anr., 2003 (4) SCC 675.
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), this Court deems it just and proper to quash
the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.137/2020 dated 21.10.2020 registered at Police
Station Mahila Thana, District Bharatpur for offence under
Sections 498-A, 406, 323 & 504 of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/24
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