Allowed

Ronak Sharma S/O Rambabu Sharma v. State of Rajasthan

Rajasthan HC24 May 2022CRLMP/1425/2021

Case brief

AI extract

What is this about?

The High Court quashed an FIR under Section 498-A and 406 IPC due to a mutual compromise between the parties, relying on Supreme Court precedents allowing quashing when the inherent powers are invoked to prevent abuse of process.

What did the court decide?

F.I.R. No.190/2020 registered at Women Police Station, Jaipur City (East) for offences punishable under sections 498-A and 406 of Indian Penal Code is quashed.

Ronak Sharma S/O Rambabu Sharma Vs State of Rajasthan — 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.1425/2021

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Ronak Sharma S/o Rambabu Sharma, aged about 31 Years, resident of A/7, Road No. 5, Jamna Nagar Sodala, Jaipur

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----Petitioner

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Versus

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State of Rajasthan through Public Prosecutor

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Poonam Sharama W/o Ronak Sharma, 76, Narayan Vihar Sector 3, Pratap Nagar, Sanganer, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. S.S. Hora, Advocate For Respondent(s) : Mr. Ramesh Choudhary, Public Prosecutor Mr. Sushil Pujari, Advocate for Mr. Damodar Prasad, Advocate 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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24/05/2022 :

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Instant petition under Section 482 of the Code of Criminal Proceeding, 1973 has been preferred on behalf of accused-petitioner with the prayer for quashing of F.I.R. bearing No.190/2020 registered at Women Police Station, Jaipur City (East) for offences punishable under Sections 498-A and 406 of Indian Penal Code.

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Parties are present-in-person before this Court and they have been duly represented by their respective Counsel.

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It is submitted by the learned counsel appearing for the parties that a compromise has been arrived at between the parties and it is borne out from the compromise that the complainant is not inclined to proceed further in the matter.

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(2 of 2)

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[CRLMP-1425/2021]

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Learned counsel appearing for the parties have placed reliance on the decisions of the Hon’ble Supreme Court in cases of Gian Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal & Ors. Vs. State of Madhya Pradesh (Criminal Appeal No,.1489 and 1488 of 2012 decided on 29.09.2021).

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Learned counsel appearing for the parties are in agreement that the dispute between the parties has been amicably settled and, therefore, the complainant does not want to pursue the matter.

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In view of the compromise arrived at between the parties and applying the ratio of law laid down in the decisions rendered by the Hon’ble Supreme Court in the cases of Gian Singh, Laxmi Narayan & Ors. & Ram Gopal & Ors. (supra) , this Court deems it just and proper to quash and impugned F.I.R., while exercising power under Section 482 Cr.P.C.

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Accordingly, the present petition is allowed and F.I.R. No.190/2020 registered against the petitioner at Women Police Station, Jaipur City (East) for offences punishable under sections 498-A and 406 of Indian Penal Code is quashed.

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Consequent upon disposal of main petition, application bearing Inward No.1/2022 filed by the petitioner for taking on record the subsequent development of compromise and quashing of impugned F.I.R., also stands disposed of.

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Stay application also stands disposed of.

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(CHANDRA KUMAR SONGARA),J.

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ASHOK/85

Ronak Sharma S/O Rambabu Sharma v. State of Rajasthan

Case brief

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Ronak Sharma S/O Rambabu Sharma v. State of Rajasthan

Case brief

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