Rahul Deshpande vs State
2021 Latest Caselaw 16667 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 4364/2019

1. Sudhir Deshpande S/o Gajanan, Aged About 70 Years, (Father-in-Law) R/o A-2/21, Rambagh Colony, Navi Peth, Pune (Maharashtra).

2. Smt. Sucheta W/o Sudhir Deshpande,, Aged About 67 Years, (Mother-in-Law) R/o A-2/21, Rambagh Colony, Navi Peth, Pune (Maharashtra).

----Petitioners Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Somya Deshpande W/o Shri Rahul Deshpande, Aged About 43 Years, R/o B-901, Lake Castle CHS Ltd., Hiranandani Gardens, Powai, Mumbai, Maharashtra. At Present 102, Panchratna Complex, P.s. Ambamata, Udaipur (Raj.)

----Respondents Connected With S.B. Criminal Misc(Pet.) No. 4365/2019 Smt. Lunika W/o Samrat Lakhani, Aged About 35 Years, By Caste Hindu, R/o 41B/133 Kalpatru Esate, J.v.l.r. Andheri (East) Mumbai, Maharashtra.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Smt. Somya Deshpande W/o Shri Rahul Deshpande, Aged About 43 Years, R/o B-901, Lake Castle CHS Ltd., Hiranandani Gardens, Powai, Mumbai, Maharashtra. At Present 102, Panchratna Complex, P.s. Ambamata, Udaipur (Raj.)

----Respondents S.B. Criminal Misc(Pet.) No. 4543/2019 Rahul Deshpande S/o Shri Sudhir Deshpande, Aged About 42 Years, R/o Flat No. F-2205, Oberoi Splendor, JVLR, Andheri East, Mumbai.

----Petitioner Versus

1. State, Through P.p.

2. Smt. Somya Deshpande W/o Shri Rahul Deshpande, Aged About 43 Years, R/o B-901, Lake Castle CHS Ltd., Hiranandani Gardens, Powai, Mumbai, Maharashtra. At Present 102, Panchrantna Complex, P.s. Ambamata, Udaipur (Raj.).

                                                              ----Respondents




                                      (2 of 3)                   [CRLMP-4364/2019]



For Petitioner(s)        :     Mr. H.M Saraswat
                               Ms. Rekha Sankhla
For Respondent(s)        :     Mr. S.K. Bhati, PP
                               Mr. Pradeep Kumar Shah

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

09/11/2021

The present misc. petitions have been filed for quashing the

FIR No. 119/2019 registered at Police Station Mahila Thana,

District Udaipur (Raj.) for the offence under Sections 498A & 406

of IPC.

Heard learned counsel for the parties.

Learned counsel for the petitioners submit that parties have

entered into a compromise outside the Court.

The compromise entered into between the parties is filed

before this Court and the same is taken on record.

Learned counsel for the complainant does not dispute the

fact of compromise between the parties.

Learned counsel for the petitioners have relied upon the

judgment of the Hon'ble Supreme Court in the case of Gian

Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P.

V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram

Gopal and Ors. Vs. State of Madhya Pradesh (Criminal

Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021)

and submit that the proceedings arising out of the FIR may be

quashed.

In view of the aforementioned compromise arrived at

between the parties and considering the fact that the compromise

is not disputed by learned counsel for the complainant as also

(3 of 3) [CRLMP-4364/2019]

applying the law laid down in Gian Singh vs. State of Punjab

(Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) &

Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra)

this Court deems it just and proper to invoke inherent powers

under Section 482 Cr.P.C.

Accordingly, the present misc. petitions are allowed and the

impugned FIR No. 119/2019 registered at Police Station Mahila

Thana, District Udaipur (Raj.) for the offence under Sections 498A

& 406 of IPC is quashed.

(VINIT KUMAR MATHUR),J

242-244/Vivek/-

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