Raju Gurjar And Ors vs State Of Rajasthan And Ors

This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.0571/2020 dated 17.12.2020 registered at

Police Station Phagi, District Jaipur (Rural) for offence under Sections 376, 323 & 504 of IPC and Section 3/4 of Protection of Children from Sexual

Offence Act, 2012 (for brevity, "" the Act of 2012).

Learned counsel for the petitioners submitted that the FIR in question came to be lodged against them by the complainant under some misconception.

He submitted that the complainant has submitted an affidavit dated 14.02.2021, wherein she has submitted that the FIR came to be lodged by her

under family pressure and she does not want to prosecute the matter further against them. He submitted that since the dispute has amicably been

settled, in view of law laid down by the Hon'ble Apex Court of India in cases of Gian Singh versus State of Punjab & Anr. reported in JT 2012 (9)

SC-426, Narinder Singh & Ors. versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 & Saju P.R. Vs. State of Kerala, 2018 SCC Online

Ker 10821 and co- ordinate Bench judgments of this Court in cases of Mubin Khan Vs. State of Rajasthan in S.B. Criminal Appeal No.1302/2020 &

Hardik Sharma Vs. State of Rajasthan in S.B. Criminal Miscellaneous Petition No.6271/2019, the FIR in question be quashed.

Learned Public Prosecutor opposed the criminal miscellaneous petition.

Learned counsel for the complainant acknowledging the contents of affidavit dated 14.02.2021, submitted that he has no objection if the FIR in

question be quashed.

The complainant is present in person and has stated that she does not want to prosecute the matter further against the accused- petitioners in FIR in

the question.

Heard the learned counsels for the parties and perused the record.

Since the dispute has amicably been settled between the parties and the complainant does not want to prosecute the matter further against the

accused-petitioners, in view of the law laid down by the Hon'ble Apex Court of India in cases of Gian Singh (supra), Narinder Singh (supra) & Saju

P.R. (supra), and co-ordinate Bench judgments of this Court in cases of Mubin Khan (supra) & Hardik Sharma (supra), this Court deems it just and

proper to quash the FIR in question.

Resultantly, this criminal miscellaneous petition is allowed. The FIR No.0571/2020 dated 17.12.2020 registered at Police Station Phagi, District Jaipur

(Rural) for offence under Sections 376, 323 & 504 of IPC and Section 3/4 of Protection of Children from Sexual Offence Act, 2012 (for brevity, "" the

Act of 2012) is quashed.