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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2113/2021
1. Vikas Arora S/o Shri Ajay Arora, Aged About 35 Years,
Resident Of E-163, Dadu Dayal Nagar, Near Pearson
School, Muhana Mandi Road, Mansarovar, Jaipur,
Rajasthan.
2. Kamlesh Arora W/o Shri Ajay Arora, Aged About 57 Years,
Resident Of E-163, Dadu Dayal Nagar, Near Pearson
School, Muhana Mandi Road, Mansarovar, Jaipur,
Rajasthan.
—-Petitioners
Versus
1. State Of Rajasthan, Through The Public Prosecutor.
2. Smt. Priyanka Chandana W/o Vikas Arora D/o Suresh
Kumar, Aged About 31 Years, R/o 80, Taneja Block,
Aadarsh Nagar, Jaipur.
—-Respondents
For Petitioner(s) : Mr. Arshabh Sharma, Adv.
For Respondent(s) : Mr. Chandragupt Chopra, PP
Mr. Deen Dayal Sharma, Adv.
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
08/07/2021
This criminal miscellaneous petition has been filed by the
petitioner under Section 482 Cr.P.C. for quashing FIR No.11/2018
dated 07.01.2018 registered at Police Station Mahila Thana, Jaipur
City (East) for the offence under Sections 498-A and 406 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-2113/2021]
Learned counsel for the petitioner submits that trial court
had attested 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.11/2018 dated 07.01.2018 registered at Police Station
Mahila Thana, Jaipur City (East) for the offence under Sections
498-A and 406 and consequential criminal proceedings are
quashed.
(NARENDRA SINGH DHADDHA),J
Gourav/143
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