Ramesh Chand S/O Ramkunwar vs State Of Rajasthan
2021 Latest Caselaw 272 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 6227/2020

1.     Dr. Ravi Kabra S/o Shri Murli Manohar Kabra, Aged About
       35 Years, R/o Plot No 19 Saket Nagar Extension Jhalawar
       Raj.                                                        ---Accused
2.     Dr. Rajshree Gupta W/o Dr. Ravi Kabra D/o Shri Deepak
       Nandi, Aged About 31 Years, R/o 375 Rani Sati Nagar
       Gautam Marg Kings Road Jaipur.                           ----Complainant


                                   Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent

For Petitioner(s) : Mr. Kushal Singh Rathore Dr. Rajshree Gupta W/o Dr. Ravi Kabra, present in person For Respondent(s) : Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/01/2021

This joint petition has been filed by the accused petitioner

no.1 (husband) and the petitioner no.2/complainant (wife) with a

prayer to quash the FIR No.0055/2019 registered at Police Station

Mahila Thana, Jaipur City (South) under Sections 498-A, 406 and

354 IPC.

Relying on the compromise dated 04.07.2020 (annexure-2),

learned counsel for the petitioners submitted that the dispute has

amicably been settled between the parties. Relying on the

judgments of the Hon'ble Apex Court of India in the cases of Gian

Singh Vs. State of Punjab & Anr.: JT 2012 (9) SC-426, B.S.

Joshi & Ors. Vs. State of Haryana & Anr.: 2003 Cri.L.J. 2028

(2 of 2) [CRLMP-6227/2020]

and Narinder Singh & Ors. Vs. State of Punjab & Anr.: 2014

Cr.L.R. (SC) 351, learned counsel submitted that the dispute

being matrimonial in nature, the FIR in question be quashed and

set aside.

Learned Public Prosecutor has opposed the criminal misc.

petition.

Petitioner no.2/complainant, present in person,

acknowledging the contents of compromise dated 04.07.2020,

submitted that the parties have settled their dispute amicably and

she has no objection if the FIR against the petitioner no.1 is

quashed.

Taking into consideration the contentions advanced by the

learned counsel for the petitioners, submission of the complainant

present in person, dispute being matrimonial in nature and the law

laid down by the Hon'ble Apex Court of India in the cases of Gian

Singh (supra), B.S. Joshi (supra) and Narinder Singh

(supra), this Court deems it just and proper to allow this criminal

misc. petition in view of compromise between the parties.

Resultantly, this criminal misc. petition is allowed. The FIR

No.0055/2019 registered at Police Station Mahila Thana, Jaipur

City (South) is quashed against the petitioner no.1.

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /107

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