Pawan Khandelwal S/O Shri Giriraj ... vs State Of Rajasthan
2021 Latest Caselaw 876 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous (Petition) No. 289/2021

Pawan Khandelwal S/o Shri Giriraj Prasad Khandelwal, Aged
About 27 Years, R/o Plot No. 464-A, Surya City, Near Tilak
Hospital, Agra Road, Jaipur (Raj.)
                                                         ----Accused-Petitioner
                                    Versus
1.        State Of Rajasthan, Through Public Prosecutor.
                                                                 ----Respondent

2. Victim, D/o Shri Bamb Barman, Aged About 28 Years, R/o CA-2, Putti Mari, Kotwali, Bihar Kooch, West Bengal at present residing at B-18, Akshat Kanak Brabha, Rajendra Marg, Bapu Nagar, Jaipur (East), Rajasthan

----Complainant-Respondent

For Petitioner(s) : Mr. Saurabh Pratap Singh Chouhan For Respondent(s) : Mr. Atul Sharma, PP Mr. Aniket Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/01/2021

This petition has been filed under Section 482 Cr.P.C. to

quash the FIR No.06/2021 dated 06.01.2021 registered at Police

Station Gandhi Nagar, Jaipur City (East) for the offence under

Sections 376, 313, 341 & 34 of I.P.C.

Learned counsel for the petitioner contended that FIR came

to be lodged by the complainant/respondent No.2 under

misconception and now the petitioner as well as the complainant,

both being major, have solemnized marriage on 15.01.2021 as per

Hindu rites and ceremonies. He submitted an agreement dated

15.01.2021 in this regard which is taken on record. Learned

(2 of 2) [CRLMP-289/2021]

counsel submitted that in view of marriage between the petitioner

and complainant, it is in the interest of justice that the FIR in

question be quashed. He relied upon the judgments of this Court

in cases of Sunil Kumar & Ors. Vs. State of Rajasthan & Anr.,

S.B. Criminal Miscellaneous Petition No.7151/2019dated

29.11.2019 and Dalveer Singh Vs. State of Rajasthan &

Anr., S.B. Criminal Miscellaneous Petition No.4504/2018

dated 03.01.2019 in support of his submissions.

Learned Public Prosecutor has opposed the criminal

miscellaneous petition.

Learned counsel appearing for the respondent

No.2/complainant acknowledging the factum of marriage 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.

The complainant alongwith her counsel is present in Court

and she has also acknowledged the factum of her marriage with

the petitioner.

In view of marriage between the parties and the law laid

down by this Court in the cases of Sunil Kumar (supra) and

Dalveer Singh (supra), this Court deems it just and proper to

quash the FIR in question.

Consequently, this criminal miscellaneous petition is allowed.

The FIR No.06/2021 dated 06.01.2021 registered at Police Station

Gandhi Nagar, Jaipur City (East) is quashed.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/86

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