Alok Sharma S/O Sh. Poonam Chand vs State Of Rajasthan
2021 Latest Caselaw 878 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 4337/2020

Alok Sharma S/o Sh. Poonam Chand, Aged About 29 Years, R/o
Village Buharu, Tehsil Rupangarh, Distt. Ajmer.
                                                                  ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through PP
                                                                ----Respondent

2. Smt. Rekha W/o Alok Kumar D/o Kailash Vaishnav, Aged about 25 years, R/o Village Buharu, PS Bandarsindari, Distt. Ajmer, At Present R/o Near Girls School, City Kishangarh, PS Kishangarh, Distt. Ajmer.

----Claimant-Respondent

For Petitioner(s) : Mr. Devanshu Sharma For Respondent(s) : Mr. F.R. Meena, PP Mr. Arjun Singh Shekhawat for Mr. Amit Dadhich

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/01/2021

For the reasons stated in the application for early listing, the

same is allowed.

With the consent of the learned counsels appearing for the

respective parties, this criminal miscellaneous petition is heard

today for admission.

This criminal miscellaneous petition has been filed for

quashing the FIR No.110/2017 dated 05.06.2017 registered at

Police Station Kishangarh, District Ajmer under Sections 498-A &

406 of I.P.C. on the basis of compromise between the parties

dated 11.09.2019 placed on record is Annexure 2.

(2 of 2) [CRLMP-4337/2020]

Relying on the judgment of Hon'ble Apex Court of India in

case of B.S. Joshi & Ors. Vs. State of Haryana & Anr., 2003 Cri.L.J.

2028, learned counsel for the petitioner submitted that the

matrimonial dispute between the parties has amicably been

settled and hence, the FIR in question be quashed.

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.110/2017 dated 05.06.2017 registered at Police

Station Kishangarh, District Ajmer under Sections 498-A & 406 of

I.P.C. is quashed.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/14

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