Arvind Kumar Chaurasiya S/O Fakir ... vs State Of Rajasthan
2021 Latest Caselaw 2561 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 2210/2021

1.      Arvind Kumar Chaurasiya S/o Fakir Chand Chaurasiya,
        Aged About 44 Years,
2.      Fakir Chand Chaurasiya S/o Shivdas, Aged About 78
        Years,
3.      Chandrawati W/o Fakir Chand Chaurasiya, Aged About 75
        Years,
        (Petitioner    Nos.1       to    3     are     R/o        112   Pratapnagar,
        Charbhuja, Jhalarbawdi. Rawatbhata District Chittorgarh.
        Presently Residing At N.I 140, JK Puram Basantgarh,
        Tehsil And District Sirohi).
4.      Joyti Chaurasiya W/o Mahendra Pareta, Aged About 41
        Years, R/o Ranbari, Mahaveernagar District Kota.
5.      Mahendra Pareta S/o Hemraj, Aged About 43 Years, R/o
        Ranbari, Mahaveernagar District Kota.
6.      Shakuntla Chaurasiya W/o Sarwesh, Aged About 42
        Years, R/o Bareilly State Uttar-Pradesh.
                                                         ----Accused-Petitioners
                                     Versus
1.      State Of Rajasthan, Through P.P.
2.      Smt. Sangeeta Chaurasiya W/o Arvind Kumar Chaurasiya,
        R/o 48, New Jaihindnagar, Near Ramanand School, Police
        Line P.S Bokhera District Kota, Rajasthan.
                                               ----Complainant-Respondents

For Petitioner(s) : Mr. Chandarpal Singh Sujawat, through VC For Respondent(s) : Mr. F.R. Meena, P.P.

Mr. Vikas Massey, through VC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

01/07/2021

For the reasons stated in the application(1/2021), the same

is allowed.

(2 of 3) [CRLMP-2210/2021]

The affidavit appended with the application is taken on

record.

This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the FIR No.120/2020 registered at

Mahila Thana, Kota City for the offence under Section(s) 498-A &

406 of IPC.

Learned counsel for the petitioner submitted that the FIR in

question arises out of matrimonial dispute between the parties,

which has been amicably settled. Relying on the judgment of the

Hon'ble Supreme Court in B.S. Joshi & Ors. Vs. State of

Haryana & Anr., 2003 (4) SCC 675, he submitted that this

criminal miscellaneous petition be allowed and 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 counsel for the parties and perused the

record.

A perusal of the material on record shows that the

matrimonial dispute between the parties has amicably been

settled by them vide compromise affidavit dated 31.05.2021. In

view of compromise between the parties and the law laid down by

the Hon'ble Supreme Court in case of B.S. Joshi & Ors. (Supra),

this Court deems it just and proper to allow this criminal

miscellaneous petition.

(3 of 3) [CRLMP-2210/2021]

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.120/2020 registered at Mahila Thana, Kota City for the

offence under Section(s) 498-A & 406 of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /25

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