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Parvez Alam Khan & Ors vs The State Of Rajasthan & Anr on 15 December, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

S.B. Criminal Misc(Pet.) No. 4475 / 2017

1. Parvez Alam Khan S/o Mr. Murad Khan, Aged About 29 Years,
Caste Khaymakhani, Resident of 220, Flat D, Third Floor, Sant
Nagar, East of Kailash, New Delhi.

2. Sh. Murad Khan S/o Gulam Mohd. Khan, Aged About 58 Years,
Caste Khayamkhani, Resident of 160, Kamla Nehru Nagar, Behind
Pakiza Floor Mill, Chopasni Road, Jodhpur (Rajasthan)

3. Smt. Bilkish Bano W/o Murad Khan, Aged About 52 Years, Caste
Khayamkhani, Resident of 160, Kamla Nehru Nagar, Behind Pakiza
Floor Mill, Chopasni Road, Jodhpur (Rajasthan)

4. Sh. Haroon Rashid Khan S/o Late Sh. Mohd. Siddiq Khan, Aged
About 51 Years, Caste Khayamkhani, Resident of 303, Hawabhai
Complex, Godal Nagar, Vapi, District Valsad, Gujarat

5. Sh. Zeeshan Ali Khan S/o Mr. Murad Khan, Aged About 31
Years, Caste Khayamkhani, Resident of A-59, First Floor, Lajpat
Nagar, New Delhi.

6. Smt. Anisha Khan W/o Zeeshan Khan, Aged About 28 Years,
Caste Khayamkhani, Resident of A-59, First Floor, Lajpat Nagar,
New Delhi.

—-Petitioners
Versus

1. The State of Rajasthan

2. Smt. Saniya Khan W/o Parvez Alam Khan, Aged About 25
Years, Caste Kayamkhani, Resident of 220, Flat D, Third Floor,
Sant Nagar, East of Kailash, New Delhi.

—-Respondents
__
For Petitioner(s) : Mr.Mahesh Bora Sr.Advocate with Mr.Akshat
Verma.

Petitioner No.1 Mr.Parvez Alam Khan present
in person.

For Respondent(s) : Mr.V.S.Rajpurohit, P.P., Mr.Bhagirath Patel.

Respondent No.2 Smt.Saniya Khan present
in person.

__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
15/12/2017

The instant misc. petition has been filed seeking quashing of

the proceedings of the FIR No.311/2017 registered at the Police

Station Bhadra, District Hanumangarh for the offences under
(2 of 2)
[CRLMP-4475/2017]

Sections 498A, 406, 354 and 384 of the I.P.C. on the basis of the

compromise.

The respondent No.2 is the first informant and the petitioner

No.1 is her husband.

Both the learned counsel for the parties have submitted that

the parties have resumed their matrimonial relationship and are

residing happily with each other and there remains no further

dispute between them and thus, the proceedings undertaken in

pursuance of above F.I.R. should be quashed. A formal compromise

submitted by the parties has been verified by the Dy.Registrar

(Judl.), RHC, Jodhpur today.

In this view of the matter and looking to the guidelines

issued by the Hon’ble Apex Court in the case of Gian Singh Vs.

State of Punjab Anr. reported in JT 2012(9) SC-426, it is

apparent that further continuance of the proceedings going on

against the petitioners in pursuance of the impugned F.I.R. is not

expedient in the interest of justice. If the proceedings are allowed to

continue, it may result into the compromise being unsettled.

Accordingly, the misc. petition is allowed and the proceedings

of the F.I.R. No.311/2017, P.S. Bhadra, District Hanumangarh are

hereby quashed. Stay petition is also disposed of.

(SANDEEP MEHTA)J.

/tarun goyal/

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