Rajasthan High Court
Brijesh Mall S/O Gopal Lal Mali vs State Of Rajasthan on 13 January, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4130/2020
1. Brijesh Mall S/o Gopal Lal Mall, Aged About 30 Years, R/o
29, G.M.B. House, Sector 4, Shri Ram Colony, Near Jain
Temple, Gurugram (Haryana) (At Present In Central Jail,
Jaipur)
2. Gopal Lal Mall S/o Lt. Premratan Mall, Aged About 54
Years, R/o 29, G.M.B House, Sector 4, Shri Ram Colony,
Near Jain Temple, Gurugram (Haryana)
3. Smt. Mamta Mall W/o Sh. Gopal Lal Mall, Aged About 51
Years, R/o 29, G.m.b. House, Sector 4, Shri Ram Colony,
Near Jain Temple, Gurugram (Haryana)
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through PP
......Non-petitioner
2. Nancy Maheshwari D/o Gyan Prakash Maheshwari W/o
Brijesh Mall, R/o 2457, Ramlala Ji Ka Rasta, Johari Bazar,
Jaipur (Raij.)
----Complainant-Non-Petitioner
For Petitioner(s) : Mr. Sushil Pujari
For Respondent(s) : Mr. F.R. Meena, P.P.
For Complainant : Mr. Neeraj Joshi
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
13/01/2021
This criminal misc. petition has been filed with the prayer to
quash the FIR No.535/2019 registered at Police Station Manak
Chowk, Jaipur City (East) for the offence(s) under Sections 420,
406, 354(A), 377 and 120-B IPC and Sections 3,4,7 and 8 of the
Protection of Children From Sexual Offence Act, 2012.
(2 of 3) [CRLMP-4130/2020]
Learned counsel for the petitioners submitted that the FIR
came to be lodged by the complainant,wife of the petitioner on
account of some trifle matrimonial dispute and since then the
matter has been compromised between the parties. He has placed
on record the compromise/affidavit of the complainant/respondent
No.2 dated 18.08.2020 on record in this regard. Relying on the
judgments of the Hon'ble Apex Court of India in cases of Gian
Singh Vs. State of Punjab and Anr., 2012 (10) SCC 303 and
Narendra Singh and Ors. Vs. State of Punjab and Anr. 2014
(6) SCC 466 and the judgment of this Court in case of Dalveer
Singh Vs. State of Rajasthan and Anr., S.B. Criminal Misc.
Petition No.4504/2018 dated 03.01.2019, learned counsel
submitted that even in cases involving sexual offences, this Court
is empowered to quash the proceedings exercising its powers
under Section 482 Cr.P.C.
Learned Public Prosecutor opposed the petition.
Learned counsel appearing for the complainant alongwith
complainant-in-person acknowledging the factum of compromise
between the parties, submitted that the parties have arrived at
amicable settlement and she has no objection if the FIR in
question is quashed.
Heard learned counsels for the parties and perused the
record.
Taking into consideration the contentions advanced by the
learned counsels for the respective parties, the factum of
compromise between the parties, the investigation being at initial
stage and in view of the judgments of the Hon'ble Apex Court of
India in cases of Gian Singh (supra) and Narendra Singh
(supra) and the judgment of a co-ordinate Bench of this Court in
(3 of 3) [CRLMP-4130/2020]
case of Dalveer Singh (supra), this Court deems it just and
proper to allow this criminal misc. petition.
Accordingly, this criminal misc. petition is allowed. The FIR
No.535/2019 registered at Police Station Manak Chowk, Jaipur
City (East) for the offence(s) under Sections 420, 406, 354(A),
377 and 120-B IPC and Sections 3,4,7 and 8 of the Protection of
Children From Sexual Offence Act, 2012 is quashed qua the
petitioners.
(MAHENDAR KUMAR GOYAL),J
Sudha/41
Powered by TCPDF (www.tcpdf.org)
