High CourtsSingle Bench(2023) 11 RAJ CK 0110

Pankaj Madrecha vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 28 November 2023

HON’BLE JUDGES
Sameer Jain, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous (Petition) No. 7277 Of 2023

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Judgment

8 paragraphs · 272 words

Sameer Jain, J

1.

The present petition is filed under Section 482 of CrPC for quashing entire proceedings in Criminal Case No. 29/2021 pending before court of Chief Judicial Magistrate, Rajsamand, in connection of FIR No. 12/2020 dated 09.03.2020 registered at PS Mahila Thana, Rajsamand for the alleged offence under Section 498-A, 406, 420 and 120B of IPC.

2.

Learned counsel for the petitioner submits that the controversy involved in the present matter is matrimonial in nature and was an inter se dispute between the parties on account of some misunderstanding. The parties have since resolved their inter-se dispute and have arrived at a compromise, which is on record. Therefore, a prayer is made to quash the impugned FIR and the subsequent proceedings arising out of the same.

3.

Learned counsel for the complainant/victim has supported the submissions made on behalf of the petitioner and has verified the fact of compromise.

4.

Considering that the parties have amicably resolved their inter-se dispute, this Court is of the opinion that no useful purpose would be served by continuing with the proceedings arising out of the impugned FIR, as the alleged offence does not affect the society at large.

5.

In view of the above and considering the Apex Court judgment of Gian Singh vs. State of Punjab: (2012) 10 SCC 303, this Court is inclined to quash the impugned FIR and the consequent proceedings.

6.

Accordingly, the impugned FIR and the consequent proceedings are quashed and set aside.

7.

The present petition is disposed of in terms of the compromise arrived at between the parties. Pending application(s), if any, shall stand disposed of.