Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services — Free for one month.
Rajasthan High Court – Jodhpur
Abhishek Mogra vs State Of Rajasthan (2024:Rj-Jd:9751) on 26 February, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:9751] (1 of 2) [CRLMP-1612/2019]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1612/2019
1. Abhishek Mogra S/o Late Shri Lalit Kumar Mogra, Aged
About 31 Years, R/o Near Pratap Gaurav Centre , In Front
Of Government Quarter, Near Malhar Resort , Tiger Hill ,
Bargaon Udaipur (Raj.)
2. Rajat Mogra S/o Late Shri Lalit Kumar Mogra, Aged About
27 Years, R/o Near Pratap Gaurav Centre , In Front Of
Government Quarter, Near Malhar Resort , Tiger Hill ,
Bargaon Udaipur (Raj.)
—-Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Smt. Sweeti Jain W/o Abhishek Mogra D/o Jai Prakash
Jain, Aged About 30 Years, R/o Near Pratap Gaurav
Centre , In Front Of Government Quarter, Near Malhar
Resort , Tiger Hill , Bargaon Udaipur (Raj.) At Present R/o
House No 58-59, Oswal Nagar, Infront Of Rajasthan
Patrika Office , Sunderwas, Udaipur (Raj.)
—-Respondents
For Petitioner(s) : Mr. D.N. Yadav.
For Respondent(s) : Mr. M.S. Bhati, PP.
Mr. Gopal Singh Bhati.
HON’BLE MR. JUSTICE KULDEEP MATHUR
Order
26/02/2024
The instant criminal misc. petition under Section 482 Cr.P.c.
has been filed by the petitioners seeking quashing of the FIR
No.43/2017 registered at Police Station Mahila Thana, Udaipur for
the offences under Sections 498A and 406 IPC so also the criminal
proceedings in Criminal Case No.529/2017 pending before the
(Downloaded on 26/02/2024 at 08:42:40 PM)
[2024:RJ-JD:9751] (2 of 2) [CRLMP-1612/2019]
court of Additional Civil Judge (SD) and Additional Chief Judicial
Magistrate No.2, Udaipur.
Learned counsel for the parties submitted that the parties
have settled their disputes and have arrived at a compromise.
Learned counsel for the petitioners has placed reliance on a
decision of Hon’ble the Supreme Court in the cases of Gian Singh
Vs. State of Punjab Anr. reported in (2012)10 SCC 303]
and B.S. Joshi Vs. State of Haryana, reported in (2003)4
SCC 675. 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) and B.S.
Joshi (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 FIR
No.43/2017 registered at Police Station Mahila Thana, Udaipur for
the offences under Sections 498A and 406 IPC so also the criminal
proceedings in Criminal Case No.529/2017 pending before the
court of Additional Civil Judge (SD) and Additional Chief Judicial
Magistrate No.2, Udaipur, are quashed.
(KULDEEP MATHUR),J
517-Tikam/-
(Downloaded on 26/02/2024 at 08:42:40 PM)
Powered by TCPDF (www.tcpdf.org)
