Citation : 2023 Latest Caselaw 10118 Raj
Judgement Date : 28 November, 2023
[2023:RJ-JD:40869]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7267/2023
1. Vajid Parvej S/o Abdul Salim, Aged About 36 Years, B/c
Muslim R/o 459, Devi Road, Vikas Nagar, Chandna
Bhakhar, Jodhpur West, Pratap Nagar, Jodhpur City West,
Jodhpur, Raj.
2. Abdul Salim S/o Abdul Shakur, Aged About 58 Years, B/c
Muslim R/o 459, Devi Road, Vikas Nagar, Chandna
Bhakhar, Jodhpur West, Pratap Nagar, Jodhpur City West,
Jodhpur, Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Najima D/o Vajid Parvej D/o Abudl Kadir, R/o 60 Gali
No. 2, Chhipa Nadi, Sanjay C Colony, Pratapnagar,
Jodhpur City West, Raj.
----Respondents
For Petitioner(s) : Mr. Hari Prasad.
For Respondent(s) : Mr. Vikram Singh, P.P.
Mr. Vikas Godara.
HON'BLE MR. JUSTICE SAMEER JAIN
Order
28/11/2023
1. The present petition is filed under Section 482 of CrPC for
quashing entire proceedings in Criminal Case No. 189/2018 (NCV
No. 17579/2018) in connection of FIR No. 211/2018 registered at
PS Mahila Thana, Jodhpur City West for the alleged offence under
Section 498-A and 406 of IPC.
2. Learned counsel for the petitioner submits that the
controversy involved in the present matter is matrimonial in
nature and was an inter se dispute between the parties on account
[2023:RJ-JD:40869] (2 of 2) [CRLMP-7267/2023]
of some misunderstanding. The parties have since resolved their
inter-se dispute and have arrived at a compromise, which is on
record. Therefore, a prayer is made to quash the impugned FIR
and the subsequent proceedings arising out of the same.
3. Learned counsel for the complainant/victim has supported
the submissions made on behalf of the petitioner and has verified
the fact of compromise.
4. Considering that the parties have amicably resolved their
inter-se dispute, this Court is of the opinion that no useful purpose
would be served by continuing with the proceedings arising out of
the impugned FIR, as the alleged offence does not affect the
society at large.
5. In view of the above and considering the Apex Court
judgment of Gian Singh vs. State of Punjab: (2012) 10 SCC
303, this Court is inclined to quash the impugned FIR and the
consequent proceedings.
6. Accordingly, the impugned FIR and the consequent
proceedings are quashed and set aside.
7. The present petition is disposed of in terms of the
compromise arrived at between the parties. Pending
application(s), if any, shall stand disposed of.
(SAMEER JAIN),J 248-Sumit/-
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