Parag Chandaliya vs State
2021 Latest Caselaw 17941 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 774/2020

1. Parag Chandaliya S/o Gajendra Chandaliya, Aged About 28 Years, B/c Chandaliya R/o Tank Street, Dhobi Chowk, Pratapgarh (Raj.).

2. Gajendra Chandaliya S/o Shanti Lal Ji, Aged About 55 Years, B/c Chandaliya R/o Tank Street, Dhobi Chowk, Pratapgarh (Raj.).

3. Nirmala Chandaliya W/o Gajendra Chandaliya, Aged About 52 Years, B/c Chandaliya R/o Tank Street, Dhobi Chowk, Pratapgarh (Raj.).

----Petitioners Versus

1. State, Through Pp

2. Smt. Dipali W/o Parag Chandaliya, D/o Sh. Nemichand Jain, B/c Jain, R/o H.no. 212, I Block Rajasthan Hospital Road, Hiranmagari Sector No. 14, Udaipur (Raj.)

----Respondents

For Petitioner(s) : Mr. Shyamlal Kumawat For Respondent(s) : Mr. S.K. Bhati, PP Mr. Bhunda Ram

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

29/11/2021

An application (1/2021) has been preferred by the petitioner

for taking the compromise arrived at between the parties on

record.

For the reasons mentioned in the application, the same is

allowed. The compromise deed dated 24.09.2021 is taken on

record.

The present misc. petition has been filed for quashing the

FIR No.03/2020 registered at Police Station Mahila Thana, District

Pratapgarh for the offences under Sections 498-A & 406 of IPC.

Heard learned counsel for the parties.

(2 of 2) [CRLMP-774/2020]

Learned counsel for the petitioner submits that the parties

have compromised the matter outside the Court. The

compromised deed is placed on record.

The fact of compromise is not disputed by learned counsel

appearing for the respondent No.2.

Learned counsel for the petitioner 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 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 respondent 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

impugned FIR No.03/2020 registered at Police Station Mahila

Thana, District Pratapgarh for the offences under Sections 498-A &

406 of IPC is quashed and set aside.

(VINIT KUMAR MATHUR),J

219-/Vivek/-

Powered by TCPDF (www.tcpdf.org)