Sushil Kachhwaha vs State
2021 Latest Caselaw 6343 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Misc(Pet.) No. 85/2020

Sushil Kachhwaha S/o Shri Vinod Kumar Kachhwaha, Aged About
37 Years, By Caste Mali, R/o Nagori Bera, Mandore, District
Jodhpur (Raj.), At Present Residing At B-4, Satyam Flat, Pij
Road, Nadiad (Gujarat).
                                                                    ----Petitioner
                                    Versus
1.      State, Through P.p.
2.      Smt. Priyanka D/o Shri Shakti Singh Gehlot W/o Shri
        Sushil Kachhwaha, By Caste Mali, R/o Simartha Wala
        Bera, Mandore, District Jodhpur Presently Working At
        Employees      Provident         Fund        Organization,      Accounts
        Department,      Income         Tax      Cross      Road,    Ahmedabad
        (Gujarat).
                                                                 ----Respondents


For Petitioner(s)         :     Mr.Pritam Solanki.
For Respondent(s)         :     Mr.B.R.Bishnoi, P.P.
For Complainant(s)        :     Mr.Leeladhar.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                O R D E R

03/03/2021 The instant misc. petition has been filed seeking quashing of

the FIR No.157/2019 registered at the Police Station, Mandore,

District Jodhpur City East for the offence under Section 406 of the

I.P.C. and and all further proceedings pursuant thereto.

Learned counsel for the petitioner has submitted an application

stating therein that the parties have parted their ways and a decree

of divorce has also been granted by the competent court of

(2 of 2) [CRLMP-85/2020]

jursidiction vide judgment and decree dated 28.1.2021. He thus,

prays that the FIR and all proceedings pursuant thereto deserve to be

quashed.

Learned counsel for the complainant does not object to the

said submission.

In this view of the matter and looking to the guidelines

issued by the Hon'ble Apex Court in the case of Gian Singh Vs.

State of Punjab & Anr. reported in JT 2012(9) SC-426, it is

apparent that allowing continuance of proceedings of impugned

FIR against the petitioner any further would not be expedient in

the interest of justice. If the proceedings of the impugned FIR are

allowed to continue, it may result into the compromise being

unsettled.

Accordingly, the misc. petition is allowed and the FIR

No.157/2019 registered at the Police Station Mandore, District

Jodhpur City East for the offence under Section 406 of the I.P.C. and

all subsequent proceedings sought to be taken thereunder against

the petitioner are hereby quashed. Stay petition is also disposed of.

The interlocutory applications stand disposed of.

(SANDEEP MEHTA),J

/tarun goyal/ 146

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