Rajasthan High Court
Rekhit Pandel S/O Vinara Pandel vs State Of Rajasthan on 18 October, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5536/2021
Rekhit Pandel S/o Vinara Pandel, Aged About 27 Years, R/o 20,
Vasundhara Colony, Gandhi Nagar, Durgapura, Tonk Road, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Victim, D/o Satyanarayan Soni, R/o T02, Jagdamba
Apartment, Shyam Marg, Krishna Sarowar Colony,
Mansarovar, Jaipur.
----Complainant-Respondents
For Petitioner(s) : Mr. Poonam Chand Sharma
For Respondent(s) : Mr. F.R. Meena, P.P.
Mr. Mohammed Wasim, for
complainant.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
18/10/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the entire criminal proceeding arising
out of FIR No.166/2021 dated 15.06.2021 registered at Police
Station Bhatta Basti, Jaipur City (North) for offence under Sections
376, 376(2)(n), 323, 341, 506 & 509 I.P.C.
Learned counsel for the petitioner has submitted the
agreement dated 05.05.2017, affidavit of the complainant-
respondent No.2 dated 18.10.2021 and compromise deed dated
30.09.2021 which are taken on record.
Learned counsel for the petitioner submitted that the parties
are major and were in live-in relationship. He submits that FIR
came to be registered by the complainant-respondent No.2 under
(2 of 3) [CRLMP-5536/2021]
misconception and on the strength of affidavit of the complainant-
respondent No.2 dated 18.10.2021 and the compromise deed
dated 30.09.2021, he submitted that the dispute has amicably
been settled between the parties.
Relying on 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, learned
counsel for the petitioner prayed for quashing the FIR in question.
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.
The complainant is present in person and has stated that she
does not want to prosecute the matter further against the
petitioner in FIR in question.
Heard the learned counsels for the parties and perused the
record.
Since the dispute has amicably been settled between the
parties and the complainant does not want to prosecute the
matter further against the petitioner, in view of the law laid down
by the Hon'ble Apex Court of India in cases of Gian Singh
(3 of 3) [CRLMP-5536/2021]
(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 quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.166/2021 dated 15.06.2021 registered at Police
Station Bhatta Basti, Jaipur City (North) for offence under Sections
376, 376(2)(n), 323, 341, 506 & 509 I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
DANISH USMANI /72
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