Allowed

Vikas Arora S/O Shri Ajay Arora, v. State of Rajasthan

Rajasthan HC8 Jul 2021CRLMP/2113/2021

Case brief

AI extract

What is this about?

The Hon'ble High Court of Rajasthan quashed FIR No.11/2018 u/s 498-A and 406 IPC and consequential proceedings relying on a compromise settlement and precedents cited.

What did the court decide?

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 IPC and consequential criminal proceedings were quashed.

Vikas Arora S/O Shri Ajay Arora, Vs State of Rajasthan — Dowry and Cruelty | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2113/2021

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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.

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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.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Public Prosecutor.

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Smt. Priyanka Chandana W/o Vikas Arora D/o Suresh Kumar, Aged About 31 Years, R/o 80, Taneja Block, Aadarsh Nagar, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Arshabh Sharma, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP Mr. Deen Dayal Sharma, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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08/07/2021

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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.

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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)

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[CRLMP-2113/2021]

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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.

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner.

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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.

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Heard learned counsel for both the parties and perused the record.

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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.

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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.

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(NARENDRA SINGH DHADDHA),J

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Gourav/143

Vikas Arora S/O Shri Ajay Arora, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vikas Arora S/O Shri Ajay Arora, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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