Allowed

Shukhvir Singh v. State of Raj and Anr.

Rajasthan HC21 Feb 2018CRLMP/6532/2017

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings under Section 498A IPC against the petitioner. A compromise was found between the parties, leaving only Section 498A un-attested via compromise in the trial court. The court held continued proceedings to be an abuse of process.

What did the court decide?

The proceedings with regard to offence under Section 498A IPC in Criminal Case No.313/2016 are quashed and set-aside.

Shukhvir Singh Vs State of Raj and Anr. — Quashing and FIR | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misccellaneous (Petition) No. 6532 / 2017

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Shukhvir Singh S/o Amar Singh B/c Rajput, R/o Nangli, Tehsil Neemrana, Distt. Alwar (raj.)

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----Petitioner

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Versus

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State of Rajasthan Through P.P.

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Asha W/o Shukhvir Singh D/o Shri Bharat Singh B/c Rajput, R/o At Present Village Shyampura, Tehsil & Police Station Baswa, Distt. Dausa (raj.)

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----Respondents

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For Petitioner(s) : Mr. Umesh Vyas.

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For Respondent(s) : Mr. V.S. Godara, PP

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Mr. Vipul Jaiman

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HON'BLE MR. JUSTICE DEEPAK MAHESHWARI

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Order

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21/02/2018

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This misc. petition has been preferred by accused-petitioner with a prayer to quash and set-aside the criminal proceedings in Criminal Case No.313/2016 titled as State Vs. Shukhvir Singh pending before the Court of Judicial Magistrate, Bandikui, Distt. Dausa for the offence under Sections 498A, 406 & 323 IPC.

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Heard learned counsel for the petitioner as also learned counsel for the complainant-respondent No . 2 and learned Public Prosecutor for the State.

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Accused-petitioner Shukhvir Singh and complainantrespondent No.2 Asha are present in person alongwith their respective counsels.

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(2 of 2)

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[CRLMP-6532/2017]

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Learned counsel for both the sides as also complainant-

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respondent admit that the compromise has taken place between them before the trial Court, which was attested, only to the extent of offence under Sections 323 & 406 IPC. Permission was not granted for compromise in respect of the offence under Sections 498A IPC.

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Learned counsel for the petitioner submits that since the matter has been amicably settled between the parties and the complainant does not want to proceed the criminal proceeding any more, it will be only a futile exercise to continue with the criminal proceedings for the offence under Section 498A IPC.

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Learned counsel for the complainant-respondent also prays that in view of the compromise having taken place between the parties the miscellaneous petition preferred by the accusedpetitioner may be allowed.

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In view of above facts & circumstances, this Court is convinced that continuation of the proceedings aforesaid will only be a mere abuse of process of the Court. In order to secure the ends of justice, this Court deems it proper to quash and set-aside the proceedings pending for the offence under Section 498A IPC.

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In the result, the misc. petition is allowed and the proceedings with regard to offence under Section 498A IPC in Criminal Case No.313/2016 titled as State Vs. Shukhvir Singh pending before the Court of Judicial Magistrate, Bandikui, Distt. Dausa is quashed and set-aside.

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(DEEPAK MAHESHWARI)J.

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Rm/35

Shukhvir Singh v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

Shukhvir Singh v. State of Raj and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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