Rajasthan High Court - Jaipur
Shimla Wife Of Shrawan vs State Of Rajasthan (2023:Rj-Jp:26707) on 4 October, 2023
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2023:RJ-JP:26707]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2887/2023
1. Shimla Wife Of Shrawan, Aged About 41 Years, Resident
Of Poswalo Ki Dhani, Village Nayagaon, Police Station
Bandar Sindri, Ajmer (Rajasthan).
2. Jitendra Son Of Shrawan, Aged About 20 Years, Resident
Of Poswalo Ki Dhani, Village Nayagaon, Police Station
Bandar Sindri, Ajmer (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Chuki Devi Wife Of Shri Ramchandra, Resident Of Poswalo
Ki Dhani, Village Nayagaon, Police Station Bandar Sindri,
Ajmer (Rajasthan).
----Respondents
For Petitioner(s) : Mr. Amit Singh Shekhawat For Respondent(s) : Mr. M.K. Sheoran, PP Ms. Himanshi Meena HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/10/2023
1. On last date of hearing i.e. 18.05.2023, the parties were present in person and they were 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.31/2023 registered at Police Station Bandar Sindri, District Ajmer alonwith all subsequent proceedings for the offences punishable under Sections 336, 504 & 34 of IPC.
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[2023:RJ-JP:26707] (2 of 2) [CRLMP-2887/2023]
3. Learned counsel for the petitioners submits that during pendency of the investigation, the petitioners have entered into a compromise with the complainant. The written compromise has been annexed with this petition.
4. Learned Public Prosecutor and learned counsel for the complainant do not dispute the factum of compromise.
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 parties have resolved their dispute 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.31/2023 registered at Police Station Bandar, Sindri, District Ajmer alongwith consequential proceedings thereof is quashed and set aside. Consequence to follow.
7. The stay application also stands disposed of.
(ANIL KUMAR UPMAN),J 1607-Nirmala (Downloaded on 11/11/2023 at 08:31:06 PM) Powered by TCPDF (www.tcpdf.org)