Shri Udai Singh Son Of Shri Rajendra ... vs State Of Rajasthan (2024:Rj-Jp:2325)
2024 Latest Caselaw 241 Raj/2

Rajasthan High Court

Shri Udai Singh Son Of Shri Rajendra ... vs State Of Rajasthan (2024:Rj-Jp:2325) on 12 January, 2024

Author: Mahendar Kumar Goyal

Bench: Mahendar Kumar Goyal

[2024:RJ-JP:2325]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 7216/2021

1.       Shri Udai Singh Son Of Shri Rajendra Singh, R/o Plot No.
         A-28, Ashok Vihar, Manyawas, New Sanganer Road,
         Mansarovar, Jaipur, Rajasthan.
2.       Rajendra Singh Son of Gopal Singh, R/o Plot No. A-28,
         Ashok Vihar, Manyawas, New Sanganer Road, Mansarovar,
         Jaipur, Rajasthan.
3.       Smt. Santosh Kanwar Wife Of Shri Rajendra Singh, R/o
         Plot No. A-28, Ashok Vihar, Manyawas, New Sanganer
         Road, Mansarovar, Jaipur, Rajasthan.
                                                         ----Petitioners/Accused/
                                       Versus
1.       State Of Rajasthan, Through P.p.
2.       Smt. Moomal Kanwar @ Kamla Kanwar @ Mamta Daroga
         Wife Of Udai Singh, Aged About 26 Years, R/o Plot No. A-
         28,    Ashok      Vihar,      Manyawas          New        Sanganer   Road,
         Mansarovar, Jaipur Rajasthan Presenlty Residing Deputy
         Office Ke Peeche, Village Dudu, Jaipur Rural Rajasthan.
                                                 ----Complainant-Respondents

For Petitioner(s) : Mr. Rajesh Kumar Sharma For Respondent(s) : Mr. Ghanshyam Singh Rathore, Ga cum AAG assisted by Ms. Kratika Jaiman Mr. Atul Sharma, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

12/01/2024

Learned counsel for the petitioners has filed the amended

cause title as also the compromise deed dated 18.11.2023 which

are taken on record.

This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the FIR No.0063 dated 13.02.2020

[2024:RJ-JP:2325] (2 of 3) [CRLMP-7216/2021]

lodged by the respondent No.2/complainant/wife against the

petitioners, her husband and members of in-laws family registered

at Police Station Dudu, District Jaipur Rural for offence under

Section(s) 498-A, 406 & 354 IPC.

Learned counsel for the petitioners, inviting attention of this

Court towards the compromise deed dated 18.11.2023, would

submit that the dispute arising between the parties on account of

matrimonial relationship has amicably been settled by them. He,

therefore, prays that the criminal miscellaneous petition be

allowed, the subject FIR be quashed and the consequential

proceeding arising therefrom also be quashed and set aside.

Learned Government Advocate cum Learned Additional

Advocate General has opposed the prayer.

The complainant is present in person. Her identity has been

verified on the basis of her Aadhar Card No. 8094 2439 6899. On

asking by this Court, she submits that the dispute has amicably

been between the parties and she has no objection if the FIR in

question is quashed.

Heard. Considered.

From the material on record, this Court is satisfied that the

matrimonial dispute leading to the subject FIR has amicably been

settled between the parties. In view thereof, taking into

consideration the law laid down by the Hon'ble Supreme Court of

India in cases of B.S. Joshi & Ors. versus State of Haryana &

Anr., 2003 Cri.L.J. 2028 & Gian Singh versus State of

Punjab & Anr.:(2012) 10 SCC 303, this Court deems it just and

proper to quash the subject FIR and the consequential proceeding,

if any, arising therefrom.

[2024:RJ-JP:2325] (3 of 3) [CRLMP-7216/2021]

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.0063 dated 13.02.2020 registered at Police Station

Dudu, District Jaipur Rural for offence under Section(s) 498-A, 406

& 354 IPC and the consequential proceeding, if any, arising

therefrom shall also stand quashed and set aside.

(MAHENDAR KUMAR GOYAL),J

Manish/410

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