Disposed

Ashish Khattar S/O Shri R.K. Khattar B/C Khattar (Arora) v. State of Rajasthan

Rajasthan HC25 Jul 2022CRLMP/1047/2020

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application and a Section 482 Cr.P.C. petition to quash an FIR and consequent proceedings under sections 498-A and 406 IPC based on a settlement compromise between the accused and the complainants.

What did the court decide?

FIR No.185/2019 and consequent proceedings under sections 498-A and 406 IPC were quashed; Section 482 Cr.P.C. petition disposed.

Ashish Khattar S/O Shri R.K. Khattar B/C Khattar (Arora)… — Domestic Violence | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1047/2020

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Ashish Khattar S/o Shri R.K. Khattar, Aged About 37 Years, R/o B-1005, R.G. Residency, Sector-120, Noida, Uttar Pradesh.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp.

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Smt. Shruti Popli W/o Shri Ashish Khattar, D/o Shri Vijay Popli, Aged About 33 Years, R/o 69/171, V.T. Road, Mansarovar, Jaipur, Raj.

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----Respondents

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For Petitioner(s) : Mr. Jitendra Singh For Respondent(s) : Mr. G.S. Rathore, GA-cum-AAG Mr. Satyam Khandelwal for complainant/respondent No.2

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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25/07/2022

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Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of accused-petitioner with the prayer for quashing of impugned F.I.R. bearing No.185/2019 registered at Police Station Mahila Thana, Jaipur City South for offences punishable under Sections 498-A and 406 of Indian Penal Code and the consequent proceedings thereof.

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An application bearing Inward No.1/2022 annexed with compromise-deed has also been preferred by the petitioner praying therein that the compromise-deed (Annexure-A1) may be taken on record and the impugned F.I.R. and all subsequent

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(2 of 3)

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[CRLMP-1047/2020]

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proceedings thereof be quashed on the ground of compromise arrived at between the parties.

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In the aforesaid application, it is pleaded by learned counsel appearing for the petitioner that the petitioner has filed the petition seeking quashing of impugned F.I.R. No. 185/2019 registered at Police Station Mahila Thana, Jaipur City South for offences punishable under Sections 498-A and 406 of Indian Penal Code and the consequent proceedings on the ground of compromise arrived at between the parties. It is further pleaded that the parties have entered into a compromise, hence, no useful purpose would be served by continuing the further proceedings against the petitioner, as the same may derail the compromise arrived at between the parties. Lastly, it is prayed that the application be allowed and the impugned F.I.R. alongwith consequent proceedings be quashed on the ground of compromise arrived at between the parties.

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Heard learned counsel appearing for the parties and perused the material made available on record.

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Considering the contents of aforesaid application and looking to the fact that parties have settled their dispute amicably by way of compromise and in view of the observations made by Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & another, JT 2012 (9) SC 426 , the application is allowed, the compromise-deed (Annexure-A1) is taken on record and the impugned F.I.R. bearing No.185/2019 registered at Police Station Mahila Thana, Jaipur City South for offences punishable

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(3 of 3) [CRLMP-1047/2020]

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under Sections 498-A and 406 of I.P.C., alongwith the consequent

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proceedings is, hereby, quashed.

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Consequent upon disposal of the application, the petition filed under Section 482 of Cr.P.C. also stands disposed of.

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Pending application, if any, also stands disposed of.

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(CHANDRA KUMAR SONGARA),J