Rajasthan High Court - Jodhpur
Pawan Bharati vs State Of Rajasthan on 2 September, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4645/2023
Pawan Bharati S/o Sh. Bharat Bhushan, Aged About 30 Years,
R/o Street No. 4, W.no. 3, Dashmesh Colony, Malout, Teh.
Malout, Dist. Sri Muktasar Sahib (Punjab).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Rabiya Narang W/o Pawan Bharati, D/o Satish
Kumar Narang, Aged About 30 Years, Gobind Nagari
Backside S.d. School, Malout, Distt. Sri Mukhtiyar Sahib,
At Present Flat No. 402, Sheetal Heights, Manwa Kheda,
Hiranmagari, Udaipur (Raj.).
----Respondents
For Petitioner(s) : Mr. Arun Dadhich
For Respondent(s) : Mr. Arun Kumar, PP
Mr. J.P. Bhardwaj, for the complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 02/09/2023 The instant criminal misc. petition under Section 482 Cr.P.c. has been filed by the petitioner seeking quashing of the F.I.R. No.0289/2022, registered at Police Station Hiranmagri, District Udaipur for the offences under Sections 498-A, 406 and 323 IPC and all subsequent proceedings in regular Criminal Case No.764/2022 (CIS No.30212/2022) pending before the Court of Judicial Magistrate No.2, North, Udaipur.
Learned counsel for the petitioner submitted that the parties have settled their disputes and have arrived at a compromise. (Downloaded on 12/11/2023 at 05:20:41 AM)
(2 of 2) [CRLMP-4645/2023] Learned counsel for the petitioner has placed reliance on a decision of Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012)10 SCC 303]. He therefore prayed that the impugned FIR may kindly be quashed.
Learned counsel for the complainant concurs the factum of compromise and submits that in view of the compromise, the complainant is not inclined to proceed further in the matter.
In view of compromise arrived at between the parties and applying the ratio in decision of Gian Singh (Supra), this Court deems it just and proper to invoke inherent powers under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed. The F.I.R. No.0289/2022, registered at Police Station Hiranmagri, District Udaipur, for the offences under Sections 498-A, 406 and 323 IPC and all subsequent proceedings in regular Criminal Case No.764/2022 (CIS No.30212/2022) pending before the Court of Judicial Magistrate No.2, North, Udaipur, against the petitioner, are quashed.
(KULDEEP MATHUR),J 285-KshamaD/-
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