Quashed

Sharvan v. State of Rajasthan and Anr.

Rajasthan HC2 Sept 2014CRLMP/3119/2014

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed FIR No.271/2014 registered against the petitioner for offences under Sections 354, 341, and 323 IPC. The Court allowed the quashing on the basis of a settlement deed and affidavit submitted by the complainant, noting that the matter was amicably resolved.

What did the court decide?

Quashing of FIR No.271/2014 and all subsequent proceedings on account of settlement between parties.

Sharvan Vs State of Rajasthan and Anr. — Cheating and Forgery | Rajasthan HC (2014)

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{1} SB CRIMINAL MISC. PET. 3119/2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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O R D E R

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S.B. CRIMINAL MISC. PETITION NO.3119/ 2014

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SHARVAN Vs. STATE OF RAJASTHAN & ANR.

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DATE:02.09.2014

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HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Shri Sharvan, petitioner, present in person. Shri Madanlal Javeriya, Assistant Director(Prosecution) for the State. Smt. Vimla Devi, complainant/ respondent No.2, present in person. Shri Rohitash, son of Smt. Vimal Devi, present. Shri Surat Singh, ASI, Police Station Gudhagorji, Distt. Jhunjhunu, present.

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The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.271/ 2014, dated 25.06.2014, registered at Police Station Gudhagorji, District Jhunjhunu for the offences punishable under Sections 452, 354, 341 and 323 IPC.

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In the present case, an FIR was lodged by the complainant/ respondent No.2, Smt. Vimla Devi, wherein she had stated that on 25.06.2014 at 07.30 a.m., she was putting fodder to the cattles. The accused came inside the house and caught hold of the complainant with an intention to outrage her modesty.

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Smt. Vimla Devi, present in the Court, has stated her age to be 45 years. She has been identified by Shri Surat Singh, ASI, Investigating Officer, Police Station Gudhagorji, Distt. Jhunjhunu.

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Smt. Vimla Devi, present in the Court, has stated that after intervention of the respectables of the society, the matter has been amicably resolved and she no longer intends to pursue the FIR as she has

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SB CRIMINAL MISC. PET. 3119/2014

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lodged the same under misconception. The settlement deed and affidavit of Smt. Vimla Devi have also been placed on record as Annexure-2 and 3. Shri Surat Singh, ASI, Investigating Officer, has also vouchsafed the factum of compromise arrived between the parties.

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Considering the age of the petitioner and the complainantrespondent No.2, Smt. Vimla Devi, this Court is of the view that the present FIR can be quashed on the basis of the compromise arrived between the parties, which has been duly vouchsafed by the Investigating Officer, as continuation of the FIR shall unnecessarily disturb the prevailing peace between the parties, especially when the parties reside in the same locality.

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Consequently, the impugned FIR, on the basis of the compromise arrived between the parties, is quashed along with all subsequent proceedings.

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The present petition is accepted.

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(KANWALJIT SINGH AHLUWALIA),J.

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/ KKC/ Certificate:

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All corrections made in the judgment/ order have been incorporated in the judgment/ order being emailed.

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KAMLESH KUMAR P.A.

Sharvan v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

Sharvan v. State of Rajasthan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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