Rajasthan High Court - Jaipur
Abhishek Sharma And Ors vs State Of Rajasthan And Anr on 15 February, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 727 / 2017
1. Abhishek Sharma S/o Shri Om Prakash Sharma B/c Brahmin,
R/o House No.280, Shri Gopal Nagar, Behind Somani Hospital,
Gopalpura By-Pass, Jaipur, Raj., At Present R/o House No.50,
Swamiji Ki Gali, Getore Road, Brahampuri, Jaipur, Raj.
2. Omprakash S/o Shri Bheru Narayan Sharma B/c Brahmin, R/o
House No.280, Shri Gopal Nagar, Behind Somani Hospital, By-
Pass, Jaipur, Raj.
3. Smt. Vimla Devi W/o Shri Om Prakash B/c Brahmin, R/o House
No.280, Shri Gopal Nagar, Behind Somani Hospital, By-Pass,
Jaipur, Raj.
----Petitioners
Versus
1. State of Rajasthan Through P.P.
2. Smt. Monika Sharma W/o Shri Abhishek Sharma, D/o Shri
Harish Sharma, R/o House No.H-4/229, Panchdev Mandir, Sardar
Patel Marg, C-Scheme, Jaipur, Raj.
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Subhash Sharma For Respondent(s) : Mr. V.S. Godara, PP Mr. Satyam Khandelwal for the complainant. _____________________________________________________ HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Order 15/02/2018 Heard learned counsel for both the sides. This miscellaneous petition has been preferred on behalf of the accused-petitioners to quash and set aside the FIR No.70/2016, registered at Police Station Mahila Thana, Jaipur South (Raj.) and the proceedings pursuant to said FIR.
Accused-petitioners Abhishek Sharma, Om Prakash Sharma and Smt. Vimla Devi are present in person alongwith their counsel.
Complainant-respondent No.2 Smt. Monika Sharma (2 of 2) [CRLMP-727/2017] also present alongwith her counsel.
Both the parties as well as the counsels appearing for both the sides admitted that the matrimonial dispute between husband Abhishek Sharma and wife Smt. Monika Sharma has been amicably settled between them and decree of divorce on the basis of mutual consent has also been granted by Family Court No.1, Jaipur vide judgment and decree dated 11.9.2017. The proceedings dated 4.7.2017 taken place before the mediation Center was also recorded, wherein both the parties have consented about the amicable settlement and to withdraw the matters pending against them.
In view of the above facts, FIR No.70/2016 registered at PS Mahila Thana, Jaipur South for the offences under Sections 498-A, 406, 420 & 120-B IPC is prayed to be quashed and set aside by both the sides.
Taking note of the amicable settlement and also the fact that continuation of the FIR will not only disturb peaceful relationship between the parties, but will also cause harassment and hardship to the accused-petitioners, this Court is inclined to quash and set aside the FIR No.70/2017 Police Station Mahila Thana, Jaipur South (Raj.) and the proceedings pursuant to it. It is, therefore, accordingly ordered.
The misc. petition stands allowed.
(DEEPAK MAHESHWARI)J. Anand 60