Rajasthan High Court
Istaq Son Of Shankar vs State Of Rajasthan on 1 July, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3067/2021
Istaq Son of Shankar, Resident Of Angravali, Kaman, District
Bharatpur (Raj).
----Accused/Petitioner
Versus
1. State of Rajasthan, through P.P.
Respondent
2. Juber Son of Taiyyab, Aged About 26 Years, Resident Of
Angravali, Charan Pahari, Kaman, District Bharatpur
(Raj).
----Complainant/Respondent
For Petitioner(s) : Mr. Ankit Khandelwal through VC
For Respondent(s) : Mr. F.R. Meena, P.P.
Mr. Arvind Sharma through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
01/07/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.29/2020 registered at
Police Station Kaman, District Bharatpur for offence under
Sections 366 of IPC.
Learned counsel for the petitioner submitted that the FIR in
question came to be lodged by the husband of the prosecutrix
under some misconception. He submitted that the petitioner
happens to be brother-in-law of the prosecutrix who has
submitted her affidavit dated 18.01.2021 stating therein that she
was not subjected to any offence by the petitioner and she does
not want to prosecute the matter further against the petitioner.
(2 of 3) [CRLMP-3067/2021]
Relying on the judgments of the Hon'ble Apex Court of India
in cases of Gian Singh versus State of Punjab & Anr. reported
in JT 2012 (9) SC-426, Narinder Singh & Ors. versus State
of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 & Saju
P.R. Vs. State of Kerala, 2018 SCC Online Ker 10821 and co-
ordinate Bench judgments of this Court in cases of Mubin Khan
Vs. State of Rajasthan in S.B. Criminal Appeal
No.1302/2020 & Hardik Sharma Vs. State of Rajasthan in
S.B. Criminal Miscellaneous Petition No.6271/2019, learned
counsel for the petitioner prayed for quashing the FIR in question.
Learned Public Prosecutor 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 the learned counsels for the parties and perused the
record.
Since the dispute has amicably been settled between the
parties and the complainant does not want to prosecute the
matter further against the petitioner, in view of the law laid down
by the Hon'ble Apex Court of India in cases of Gian Singh
(supra), Narinder Singh (supra) & Saju P.R. (supra), and co-
ordinate Bench judgments of this Court in cases of Mubin Khan
(supra) & Hardik Sharma (supra), this Court deems it just and
proper to quash the FIR in question.
(3 of 3) [CRLMP-3067/2021]
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.29/2020 registered at Police Station Kaman, District
Bharatpur for offence under Sections 366 of IPC is quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/48
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