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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4016/2021
Gagan Dhanadiya Son Of Shri Nand Kishore Dhanadiya, Aged
About 33 Years, Resident Of Plot No. B-11, Shastri Nagar,
Jodhpur (Rajasthan). Currenlty Residint At House No. 179, Green
Park, Sector-7 Vistar, Jodhpur (Rajasthan).
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Bharti Dhanadiya, Alias Bharti Sahu ( Chouhan),
Wife Of Shri Gagan Dhanadiya, Aged About 31 Years,
Daughter Of Shri Shankar Lal Sahu ( Chouhan), Resident
Of House No. 42, Shiv Marg, Civil Lines, Rajbhawan Road,
Jaipur (Rajasthan).
—-Respondents
For Petitioner(s) : Mr. Satyam Khandelwal
For Respondent(s) : Mr. Chandragupt Chopra, PP
Mr. Rajesh Kumar Purohit
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
20/07/2021
This criminal miscellaneous petition has been filed by the
petitioner under Section 482 Cr.P.C. for quashing FIR No.24/2018
dated 3.3.2018 registered at Police Station Mahila Thana, Jaipur
City (South) for the offence under Sections 498-A, 406 and 323,
341, 354, 384 and 120B of IPC and consequential criminal
proceeding.
Learned counsel for the petitioner as well as learned counsel
for the respondent submitted that compromise has been arrived
between the parties and they have settled their dispute.
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(2 of 2) [CRLMP-4016/2021]
Learned counsel for the petitioner submits that trial court
has attested the compromise under Section 406 IPC. Offence
under Section 498-A IPC is non-compoundable. So, criminal
proceedings pending between them, be set aside.
Learned Public Prosecutor has opposed the arguments
advanced by learned counsel for the petitioner.
Learned counsel for the complainant acknowledging the
factum of compromise between the parties and submitted that he
has no objection if the FIR in question and consequential criminal
proceeding are quashed.
Heard learned counsel for both the parties and perused the
record.
A perusal of the material on record shows that the dispute
between the parties has amicably been settled by them. In view of
compromise and the law laid down by the Hon’ble Apex Court of
India in cases of Gian Singh Vs. State of Punjab (2012) 10
SCC 303 and Narinder Singh Vs. State of Punjab (2014) 6
SCC 466, this Court deems it just and proper to quash the FIR in
question and consequential criminal proceeding.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.24/2018 dated 3.3.2018 registered at Police Station
Mahila Thana, Jaipur City (South) for the offence under Sections
498-A, 406 and 323, 341, 354, 384 and 120B of IPC and
consequential criminal proceedings are quashed.
(NARENDRA SINGH DHADDHA),J
Brijesh 95.
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