Balvir Singh Tomar S/O Late Hotam ... vs State Of Rajasthan
2021 Latest Caselaw 5579 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 6703/2019

Dr. Balvir Singh Tomar S/o Late Hotam Singh Tomar, R/o Plot
No.28-29, Eva Hospital Govind Marg, Jaipur.
                                                         ----Accused/Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp.
2.       Neha Khan D/o Tarique Hussain, Having Address At 7,
         Navrang Enclave, Narayan Vihar, Sikandara, Agra, Up.
                                                                 ----Respondents

Connected With S.B. Criminal Miscellaneous (Petition) No. 5913/2017 Dr. Swati Tomar W/o Dr. Anurag Tomar, R/o 4, Govind Marg, Near Moti Dungari Circle, Jaipur.

----Accused/Petitioner Versus

1. State Of Rajasthan Through P.P.

---Non-Petitioner

2. Dr. B.s. Tomar, Chairman And Chancellor, Nims University, Tam Jugalpura, Ps Chandwaji, R/o 4, Govind Marg, Near Moti Doongri Circle, Ps Moti Doongri, Jaipur.

----Complainant/Respondent S.B. Criminal Miscellaneous (Petition) No. 5940/2020 Neha Khan D/o Late Shri Tarique Hussain, Aged about 26 years R/o House No. 7, Navrang Enclave Narain Vihar, Sikandra Agra (U.p.)

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Balvir Singh Tomar S/o Late Hotam Singh Tomar, R/o Plot No. 28-29, Eva Hospital Govind Marg, Jaipur.

----Respondents S.B. Criminal Miscellaneous (Petition) No. 6032/2020 Neha Khan D/o Late Shri Tarique Hussain, Aged About 26 Years, R/o House No. 7 Navrang Enclave Narain Vihar Sikandra Agra

(2 of 8) [CRLMP-6703/2019]

(U.p.)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Alok Kumar Singh S/o Shri Harihar Singh, Aged About 47 Years, R/o 266/22 Pratap Nagar Police Station Pratap Nagar Jaipur At Present Sub Registrar H.r. Department Nims University Chandwaji Jaipur (Raj.)

----Respondents S.B. Criminal Miscellaneous (Petition) No. 2225/2021 Neha Khan Daughter Of Late Shri Tarique Hussain, Aged About 26 Years, Resident Of House No. 7, Navrang Enclave, Narain Vihar, Sikandra Agra (U.p).

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Dr. Balvir Singh Tomar Son Of Late Hotam Singh Tomar, Resident Of 28-29, Eva Hospital, Govind Marg, Police Station Moti Dungri Jaipur.

----Respondents S.B. Criminal Miscellaneous (Petition) No. 2226/2021 Dr. Shobha Tomar Wife Of Balvir Singh, Resident Of Plot No. 04, Govnd Marg, Govind Marg, Police Station Moti Dungri, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Dr. Balvir Singh Tomar Son Of Late Hotam Singh Tomar, Resident Of 28-29, Eva Hospital, Govind Marg, Police Station Moti Dungri Jaipur.

----Respondents S.B. Criminal Miscellaneous (Petition) No. 2280/2021 Dr. Shobha Tomar Wife Of Balvir Singh, Resident Of Plot No. 04, Govnd Marg, Govind Marg, Police Station Moti Dungri, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Balvir Singh Tomar Son Of Late Hotam Singh Tomar,

(3 of 8) [CRLMP-6703/2019]

Resident Of Plot No. 28-29, Eva Hospital, Govind Marg, Police Station Moti Dungri, Jaipur.

----Respondents S.B. Criminal Miscellaneous (Petition) No. 2311/2021 Dr. Shobha Tomar Wife Of Balvir Singh, Aged About 69 Years, Resident Of Plot No. 04, Govind Marg, Near Moti Dungri Circle, Police Station Moti Dungri, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Dr. Balvir Singh Tomar Son Of Late Hotam Singh Tomar, Resident Of Plot No. B-28-29, Eva Hospital, Govind Marg, Police Station Moti Dungri, Jaipur.

----Respondents S.B. Criminal Miscellaneous (Petition) No. 2888/2021 Smt. Dr. Shobha Tomar Wife Of Balvir Singh, Aged About 69 Years, Resident Of Plot No. B-04, Govind Marg, Near Moti Dungari Cirlce, Police Station Moti Dungri, Jaipur.

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Dr. Balvir Singh Tomar Son Of Late Hotam Singh Tomar, Chairman Indian Medical Trust, Chandwaji, District Jaipur At Preset Resident Of Plot No. B-28-29, Govind Marg, Near Moti Dungari Circle, Police Station Moti Dungri, Jaipur.

----Respondents S.B. Criminal Miscellaneous (Petition) No. 5780/2021 Anurag Tomar Son Of Shri Balveer Singh Tomar, Resident Of 04, Govind Marg, Police Station Moti Dungri, Jaipur, District Jaipur City (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Dr. Balveer Singh Tomar Son Of Shri Hotam Singh Tomar, Resident Of Near Moti Dungri, Jaipur (Raj.) At Present Chairman, Nims University, N.h.-11, Chandwaji, District Jaipur Rural (Raj.)

(4 of 8) [CRLMP-6703/2019]

----Respondents S.B. Criminal Miscellaneous (Petition) No. 5811/2021 Anurag Tomar Son Of Shri Balveer Singh Tomar, Resident Of 04, Govind Marg, Police Station Moti Dungri, Jaipur, District Jaipur City (Raj.)

----Petitioner Versus

1. State Of Rajasthan, Through P.p.

2. Balveer Singh Tomar Son Of Shri Hotam Singh Tomar, Resident Of Near Moti Dungri, Jaipur (Raj.) At Present Chairman, Nims University, N.h.-11, Chandwaji, District Jaipur Rural (Raj.)

----Respondents S.B. Criminal Miscellaneous (Petition) No. 5817/2021 Anurag Tomar Son Of Shri Balveer Singh Tomar, Resident Of 04, Govind Marg, Police Station Moti Dungri, Jaipur, District Jaipur City (Raj)

----Petitioner Versus

1. State Of Rajasthan, Through P.p

2. Sushila Chahar D/o Shri Harichandra Chahar, Resident Of Plot No. 92/305, Patel Marg, Mansarovar, Jaipur (Raj) At Present Working As Administrative Officer, Nims University, Chandwaji, District Jaipur (Raj)

----Respondents

For Petitioner(s) : Mr. Swadeep Singh Hora Mr. Ramavatar Meena Mr. Vijay Singh Shekhawat Mr. Rajesh Kumar Sharma Mr. Ravi Kant Sharma For Respondent(s) : Mr. S.K. Mahala, PP Mr. Achintya Kaushik Mr. Sneh Deep Khyaliya

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

05/10/2021

(5 of 8) [CRLMP-6703/2019]

All these criminal miscellaneous petitions under Section 482

CrPC have been filed by the respective parties for quashing the

FIR No.662/2018 qua petitioner Dr. Balvir Singh registered at

Police Station Amer, District Jaipur for the offence under Sections

376(2)(M) & 376(2)(x) of IPC, the FIR No.454/2016 qua petitioner

Swati Tomar registered at Police Station Chandwaji, District Jaipur

(Rural) for the offence under Sections 406, 420, 467, 468, 471 &

120-B of IPC, the FIR No.395/2018 for the offence under Sections

420, 389, 500 & 120-B of IPC, FIR No.400/2018 registered at

Police Station Chandwaji, District Jaipur (Rural) for the offence

under Sections 420, 467, 468 & 471 of IPC and FIR No.399/2019

registered at Police Station Ashok Nagar, District Jaipur City

(South) for the offence under Sections 384 & 120-B of IPC qua

petitioner Neha Khan, the FIR No.399/2019 registered at Police

Station Ashok Nagar, District Jaipur City (South) for the offence

under Section 384 & 120-B of IPC, FIR No.395/2018 registered at

Police Station Chandwaji, District Jaipur (Rural) for the offence

under Sections 420, 389, 500 & 120-B of IPC, FIR No.454/2016

registered at Police Station Chandwaji, District Jaipur (Rural) for

the offence under Sections 406, 420, 467, 468, 471 & 120-B of

IPC & FIR No.99/2018 registered at Police Station Chandwaji,

District Jaipur Rural for the offence under Sections 420, 406 &

120-B of IPC qua petitioner Dr. Shobha Tomar, the FIR

No.454/2016 registered at Police Station Chandwaji, District Jaipur

Rural for the offence under Sections 406, 420, 467, 468, 471 &

120-B of IPC, FIR No.164/2017 registered at Police Station

Chandwaji, District Jaipur Rural for the offence under Section 406,

420 & 120-B of IPC and FIR No.99/2018 registered at Police

Station Chandwaji, District Jaipur Rural for the offence under

(6 of 8) [CRLMP-6703/2019]

Sections 420, 406 & 120-B IPC qua petitioner Anurag Tomar

against them by the complainants/respondents. Since, all these

FIRs represent version and cross-version by the respective parties

arising out of a series of intertwined transaction and hence, all

these petitions are being heard together.

Learned counsels appearing for the petitioners submitted

that the dispute, predominantly of civil and private in nature or

arising out of misunderstanding between the parties, has amicably

been settled between them. Relying on the compromise

deed/affidavits of the respondents/complainants placed on record

in each of the petitions, learned counsels referring the judgments

of Hon'ble Apex Court of India in cases of Gian Singh versus State

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

Singh & Ors. versus State of Punjab & Anr. reported in 2014

Cr.L.R. (SC) 351, Saju P.R. Vs. State of Kerala, 2018 SCC

Online Ker 10821 and co-ordinate Bench judgments of this

Court in cases of Mubin Khan Vs. State of Rajasthan in S.B.

Criminal Appeal No.1302/2020 & Hardik Sharma Vs. State

of Rajasthan in S.B. Criminal Miscellaneous Petition

No.6271/2019, submitted that the FIRs and consequential

proceedings arising out of the same may be quashed and set

aside.

Learned Public Prosecutor opposed the criminal

miscellaneous petitions.

Learned counsels for the complainants/respondents

acknowledging the factum of amicable settlement of dispute

between the parties, submitted that they have no objection if the

criminal miscellaneous petitions are allowed and FIRs in question

as well as the proceedings arising therefrom are quashed.

(7 of 8) [CRLMP-6703/2019]

In view of the contentions made by the respective parties,

the amicable settlement of dispute between them and in the

backdrop of law laid down in the judgments of Gian Singh

(supra), Narinder Singh (supra) & Saju P.R. (supra), and co-

ordinate Bench judgments of this Court in cases of Mubin Khan

(supra) & Hardik Sharma (supra), this Court deems it just and

proper to allow these criminal miscellaneous petitions and quash

the FIRs as well as the consequential proceedings arising

therefrom.

Resultantly, all these criminal miscellaneous petitions are

allowed and the FIR No.662/2018 qua petitioner Dr. Balvir Singh

registered at Police Station Amer, District Jaipur for the offence

under Sections 376 (2) (d) & 376 (2) (dh) of IPC, the FIR

No.454/2016 qua petitioner Swati Tomar registered at Police

Station Chandwaji, District Jaipur (Rural) for the offence under

Sections 406, 420, 467, 468, 471 & 120-B of IPC, the FIR

No.395/2018 for the offence under Sections 420, 389, 500 & 120-

B of IPC, FIR No.400/2018 registered at Police Station Chandwaji,

District Jaipur (Rural) for the offence under Sections 420, 467,

468 & 471 of IPC and FIR No.399/2019 registered at Police Station

Ashok Nagar, District Jaipur City (South) for the offence under

Sections 384 & 120-B of IPC qua petitioner Neha Khan, the FIR

No.399/2019 registered at Police Station Ashok Nagar, District

Jaipur City (South) for the offence under Section 384 & 120-B of

IPC, FIR No.395/2018 registered at Police Station Chandwaji,

District Jaipur (Rural) for the offence under Sections 420, 389,

500 & 120-B of IPC, FIR No.454/2016 registered at Police Station

Chandwaji, District Jaipur (Rural) for the offence under Sections

406, 420, 467, 468, 471 & 120-B of IPC & FIR No.99/2018

(8 of 8) [CRLMP-6703/2019]

registered at Police Station Chandwaji, District Jaipur Rural for the

offence under Sections 420, 406 & 120-B of IPC qua petitioner Dr.

Shobha Tomar, the FIR No.454/2016 registered at Police Station

Chandwaji, District Jaipur Rural for the offence under Sections

406, 420, 467, 468, 471 & 120-B of IPC, FIR No.164/2017

registered at Police Station Chandwaji, District Jaipur Rural for the

offence under Section 406, 420 & 120-B of IPC and FIR

No.99/2018 registered at Police Station Chandwaji, District Jaipur

Rural for the offence under Sections 420, 406 & 120-B IPC qua

petitioner Anurag Tomar and the consequential proceedings arising

therefrom are quashed.

All the pending applications also stand disposed of

accordingly.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/19-30

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