Rajasthan High Court
Rajesh Sukriya S/O Hanuman vs State Of Rajasthan on 6 October, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6348/2021
Rajesh Sukriya S/o Hanuman, Aged About 21 Years, R/o
Tundeda, Police Station Pachewar, District Tonk, Rajasthan.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
.......Respondent
2. Xxxx D/o Bhagwan Sahai Raigar, Aged About 18 Years,
R/o Devla, Jobner, District Jaipur, Rajasthan
----Complainant-Respondent
For Petitioner(s) : Mr. Gajveer Singh Rajawat
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Mukesh Pal Jadoun
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
06/10/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.210/2021 dated
04.07.2021 registered at Police Station Jobner, District Jaipur
(Rural) for offence under Sections 363, 365, 366-A, 342, 323 &
376 of IPC and Sections 3/4 & 16/17 of the Protection of Children
from Sexual Offence Act, 2012.
Learned counsel for the petitioner submitted that the parties
were having relationship and under some misconception, the FIR
in question was lodged by the complainant-respondent against
him. Referring the marriage certificate dated 21.09.2021 issued by
the Marriage Registration Officer, Nagar Nigam Greater Jaipur,
learned counsel submitted that they have solemnized marriage on
(2 of 3) [CRLMP-6348/2021]
20.09.2021. He submits that in view of marriage and amicable
settlement of dispute between them as is apparent from the
compromise deed dated 11.07.2021 executed by both the parties,
the FIR in question may be quashed. In this regard, he relied upon
the judgments of the 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 and Dalveer Singh
Vs. State of Rajasthan and Anr. in S.B. Criminal Misc.
Petition No.4504/2018 dated 03.01.2019.
Learned Public Prosecutor 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 in question is
quashed.
Heard the learned counsels for the parties and perused the
record.
From the material on record, it is apparent that the dispute,
private in nature, has amicably been settled between the parties
and they have solemnized marriage with each other. In view
thereof and the law laid down by the Hon'ble Apex Court of India
in cases of Gian Singh (supra), Narinder Singh (supra) &
(3 of 3) [CRLMP-6348/2021]
Saju P.R. (supra), and co-ordinate Bench judgments of this
Court in cases of Mubin Khan (supra), Hardik Sharma (supra)
and Dalveer Singh (supra), this Court deems it just and proper
to quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.210/2021 dated 04.07.2021 registered at Police
Station Jobner, District Jaipur (Rural) for offence under Sections
363, 365, 366-A, 342, 323 & 376 of IPC and Sections 3/4 & 16/17
of the Protection of Children from Sexual Offence Act, 2012 is
quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/132
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