Abhishek Agarwal vs State Of Rajasthan
2021 Latest Caselaw 16903 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5101/2021

1. Abhishek Agarwal S/o Sh. Amarnath Agarwal, Aged About 32 Years, C7/29, Sector 7, Rohini, Delhi.

2. Amarnath Agarwal S/o Sh. Lala Ram, Aged About 62 Years, F-17/7-8, Sector 8 Rohini, Delhi.

3. Ratanmala Agarwal W/o Sh. Amarnath Agarwal, Aged About 56 Years, F-17/7-8, Sector 8 Rohini, Delhi.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Surbhi W/o Sh. Abhishek Agarwal, D/o Sh. Praveen Kumar, Adarsh Nursing Home, 1-B-5, Sukhadia Nagar, Jawahar Nagar, Sriganganagar, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Falgun Buch For Respondent(s) : Mr. S.K. Bhati, PP Mr. Umesh Kant Vyas

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

12/11/2021

Defects pointed out by the Registry are overruled.

The present misc. petition has been filed for quashing the

FIR No.54/2020 registered at Police Station Mahila Thana, District

Sri Ganganagar for the offences under Sections 498A, 406 and

323 of IPC.

Heard learned counsel for the parties.

Learned counsel for the petitioners submits that the parties

have entered into compromise and in furtherance of the same, a

demand draft of Rs.30,00,000/-(Rs.Thirty Lakhs only) has been

(2 of 2) [CRLMP-5101/2021]

handed over by the counsel for the petitioners to the counsel for

the complainant.

The fact of compromise is not disputed by the counsel for the

respondent.

Learned counsel for the petitioners has 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 prays 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

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. petition is allowed and the

proceedings pending before the Chief Judicial Magistrate,

Ganganagar regular Criminal Case No. 233/2021 arising out of

FIR No.54/2020 registered at Police Station Mahila Thana, District

Sri Ganganagar for the offences under Sections 498A, 406 and

323 of IPC is quashed and set aside.

(VINIT KUMAR MATHUR),J 102-Shahenshah/Vivek-

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