Ashutosh Sharma vs State Of Rajasthan (2023:Rj-Jd:43802)
2023 Latest Caselaw 10701 Raj

Rajasthan High Court - Jodhpur

Ashutosh Sharma vs State Of Rajasthan (2023:Rj-Jd:43802) on 14 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:43802]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5593/2023

Ashutosh Sharma S/o Shyam Manohar Sharma, Aged About 38
Years,     B/c       Brahmin      R/o      82-Christianganj,          Ajmer,   Dist.
Ajmer(Raj.)
                                                                       ----Petitioner
                                        Versus
1.       State Of Rajasthan, Through PP
2.       Smt. Anamika W/o Ashutosh Sharma D/o Ganeshmal, B/c
         Brahman R/o Ward No. 8 Bagda Sadan, Sankhla Bas,
         Sujangarh, Dist. Churu(Raj.)
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Vikram Singh
For Respondent(s)            :     Mr. Shrawan Kumar, PP
                                   Mr. Rajendra Singh



                 HON'BLE MR. JUSTICE FARJAND ALI

Order

14/12/2023

1. The instant criminal miscellaneous petition has been filed

under Section 482 of the Cr.P.C. seeking quashing of the criminal

proceedings arising out of First Information Report No.273/2018

registered at the Police Station Sujangarh, District Churu for the

offences under Sections 498-A and 406 of the IPC. A compromise

application was submitted before the learned trial Court, however,

the learned trial Court accepted it only to the extent of Section

406 of the IPC.

2. It is submitted by counsel for the petitioner that the parties

have settled their dispute by way of compromise. Learned counsel

has relied upon the judgment passed by the Hon'ble Supreme

Court in the matter of Gian Singh Vs. State of Punjab & Anr.

[2023:RJ-JD:43802] (2 of 2) [CRLMP-5593/2023]

reported in 2012(10) SCC 303 and prayed that the criminal

proceedings arising out of the FIR pending against the petitioner

be quashed in view of the compromise between the parties.

3. Learned counsel for the complainant-respondent has admitted

the fact of compromise between the parties and expresses his

inclination in favour of quashing of the FIR on the ground of

compromise.

4. Learned Public Prosecutor has opposed the petition.

5. Considering the facts and circumstances of the present case

and the fact that the parties have settled their dispute by way of

compromise and also following the judgment passed by the

Hon'ble Supreme Court in the matter of Gian Singh (supra), the

instant criminal miscellaneous petition is allowed and the entire

criminal proceedings in connection with the First Information

Report mentioned above and all consequential proceedings, qua

the petitioner, are hereby quashed.

6. The stay application also stands disposed of.

(FARJAND ALI),J 190-divya/-

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