Anurag Siddharth S/O Shri Surya ... vs State Of Rajasthan
2021 Latest Caselaw 5565 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6212/2021

1.      Anurag Siddharth S/o Shri Surya Prakash, Aged About 35
        Years, R/o N-9/36 F-5, Patiya, Sunderpur, Varanasi, Uttar
        Pradesh.
2.      Surya Prakash C/o Shri Bhagwat Ram, Aged About 65
        Years, R/o N-9/36 F-5, Patiya, Sunderpur, Varanasi, Uttar
        Pradesh.
3.      Usha Rani W/o Shri Surya Prakash, Aged About 63 Years,
        R/o N-9/36         F-5,    Patiya,     Sunderpur,        Varanasi,   Uttar
        Pradesh.
4.      Aakansha Prakash D/o Surya Prakash, Aged About 37
        Years, R/o N-9/36 F-5, Patiya, Sunderpur, Varanasi, Uttar
        Pradesh.
                                                        ----Accused-Petitioners
                                     Versus
1.      State Of Rajasthan, Through Its Public Prosecutor.
                                                                 ----Respondent

2. Neha Kathuria D/o Shri Harbansh Kathuria, Aged About 30 Years, R/o 84/253, Madhyam Marg, Opposite Kv 5, Shipra Path, Mansarover, Jaipur, Rajasthan.

                                               ----Complainant-Respondent


For Petitioner(s)           :     Mr. Sneh Deep Khyaliya
For Respondent(s)           :     Mr. F.R. Meena, PP

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

04/10/2021 This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the FIR No.123/2021 dated

05.09.2021 registered at Police Station Mahila Thana, District

Jaipur City (South) for the offence under Sections 498-A, 406, 323

& 354 of IPC.

(2 of 2) [CRLMP-6212/2021]

Learned counsel for the petitioners submitted that the FIR

arises out of matrimonial dispute between the parties which has

amicably been settled. Relying on the compromise-cum-

settlement deed dated 24.09.2021 (Annexure-2), he submitted

that since the matter has amicably been settled between the

parties, the FIR is liable to be quashed in view of the judgment of

the Hon'ble Apex Court of India in case of B.S. Joshi & Ors. Vs.

State of Haryana & Anr., 2003 (4) SCC 675.

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 is quashed.

Heard the learned counsels 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 on the basis of compromise-cum-settlement deed.

In view thereof and the law laid down by the Hon'ble Supreme

Court in case of B.S. Joshi (Supra), this Court deems it just and

proper to quash the FIR against the petitioners.

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.123/2021 dated 05.09.2021 registered at Police

Station Mahila Thana, District Jaipur City (South) for the offence

under Sections 498-A, 406, 323 & 354 of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J MADAN/99

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