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Abhishek Mogra vs State Of Rajasthan (2024:Rj-Jd:9751) on 26 February, 2024

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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)

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