Vaibhav Srivastava S/O Mr. Hari ... vs State Of Rajasthan ...
2023 Latest Caselaw 4847 Raj/2

[2023:RJ-JP:24744]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 6971/2022

1.       Vaibhav Srivastava S/o Mr. Hari Narayan Srivastava,
         Permanent Residence 103-13 Patel Marg Mansarovar,
         Jaipur (Hereinafter Also Referred To As -The Husband).
2.       Mr. Hari Narayan Srivastava S/o Late Shree Swaroop
         Narayan Srivastava., Aged About 65 Years, Permanent
         Residence    103-13         Patel      Marg       Mansarovar,     Jaipur
         (Hereinafter Also Referred To As -The Father Of The
         Husband).
3.       Mrs Krishna Srivastava W/o Mr. Hari Narayan Srivastava,
         Permanent Residence 103-13 Patel Marg Mansarovar,
         Jaipur (Hereinafter Also Referred To As -The Mother Of
         The Petitioner No 1 ).
4.       Vikas Srivastav S/o Mr. Hari Narayan Srivastava, Aged
         About 37 Years, Permanent Residence 103-13 Patel Marg
         Mansarovar, Jaipur Referred To As -The Brother Of The
         Petitioner No 1 ).
5.       Mukesh Srivastav S/o Late Shree Swaroop Narayan
         Srivastava, Aged About 52 Years, Permanent Residence
         103-143 Patel Marg Mansarovar, Jaipur (Hereinafter Also
         Referred To As -The Uncle Of The Petitioner No 1).
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through P.P.
2.       Milisha Srivastava W/o Mr. Vaibhav Srivastava And D/o
         Mr. Vishnu Pratap Srivastava, Currently Residing At B-24,
         Gokul Vatika, Jawahar Circle Jaipur, Permanent Residence
         103-13 Patel Marg Mansarovar, Jaipur (Hereinafter Also
         Referred To As -The Wife).
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Anil Khanna
For Respondent(s)         :     Mr. Sanjeev Mahala, PP
                                Mr. Mahendra Sahu for complainant



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                          Judgment / Order


 [2023:RJ-JP:24744]                      (2 of 3)                      [CRLMP-6971/2022]


13/09/2023

1. The petitioner No.1 Vaibhav Srivastava and the respondent

No.2 Milisha Srivastava are present in person. They have been

duly identified by their respective counsel.

2. By way of this criminal misc. petition under Section 482 of

the Code of Criminal Procedure, the accused-petitioners have

approached this Court with a prayer to quash the FIR No.01/2019

registered at Police Station Mahila Thana, Jaipur South, for the

offences punishable under Sections 498-A and 406 IPC.

3. Learned counsel for the petitioners submits that during

pendency of the investigation, the petitioners have entered into a

compromise with the complainant. The respondent

No.2/complainant is not intended to pursue the above FIR. The

written compromise (Memorandum of understanding) is annexed

with the petition and in terms of which, both petitioner No.1 and

respondent No.2 (husband and wife) have filed application for

mutual decree of divorce before the concerned family court.

4. Learned counsel for the complainant while admitting the

factum of compromise arrived at between the parties submits that

the complainant has no objection if the FIR in question is quashed.

5. In view of the aforesaid and considering the submissions

made on behalf of the respective parties; the material made

available for my perusal; considering that the petitioners and the

complainant have resolved their dispute and the petitioner No.1

and the complainant (husband and wife respectively) have decided

to live separately, this Court is of the view that in order to

establish peace and harmony between the petitioners and

complainant and in order to let them live peacefully in the future

[2023:RJ-JP:24744] (3 of 3) [CRLMP-6971/2022]

life, and also finding that the present case is wholly covered by

the principle of law laid down by Hon'ble the Supreme Court in the

case of Gian Singh Vs. State of Punjab & Anr-reported in

2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana &

Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604],

the aforesaid FIR is liable to be quashed in view of compromise

arrived at between the parties.

6. In view of the above, this criminal misc. petition is allowed

and the FIR No.01/2019 registered at Police Station Mahila Thana,

and all consequential proceedings are quashed and set aside.

Consequence to follow.

7. The stay application also stands disposed of.

(ANIL KUMAR UPMAN),J

Sudhir Asopa/16

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