Allowed

Suresh Chand Sharma S/O Revti Prasad Sharma, v. State of Rajasthan

Rajasthan HC15 Dec 2022CRLMP/2530/2021

Case brief

AI extract

What is this about?

This high court order dismissed criminal miscellaneous petition filed by accused petitioners seeking quashing of FIR no 9342020 registered at police station bayan based on arrival of compromise settlement and residence start with husband lokesh sharma thus mirror the principles laid by apex court

What did the court decide?

FIR No.934/2020 is quashed and stay application is disposed of.

Suresh Chand Sharma S/O Revti Prasad Sharma, Vs State of… — Quashing and FIR | 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. 2530/2021

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Suresh Chand Sharma S/o Revti Prasad Sharma, Aged About 63 Years, R/o 1022- Pandya Ki Gali, Pano Ka Dareeba, Subhash Chowk, Jaipur

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Vimla Sharma W/o Suresh Chand Sharma, Aged About 56 Years, R/o 1022- Pandya Ki Gali, Pano Ka Dareeba, Subhash Chowk, Jaipur

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Lokesh Sharma S/o Suresh, R/o Railway Station Ke Pas, Bhavda Ka Bag, Bajariya, Bayana, District Bharatpur

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Rinku S/o Suresh, R/o Railway Station Ke Pas, Bhavda Ka Bag, Bajariya, Bayana, District Bharatpur

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----Petitioners

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Versus

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State Of Rajasthan, Through P.p.

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Leena Sharma W/o Lokesh Sharma, R/o Railway Station Ke Pas, Bhavda Ka Bag, Bajariya, Bayana, District Bharatpur

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----Respondents

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For Petitioner(s) : Mr. Rajeev Bhushan Bansal, Adv, For Respondent(s) : Mr. Dharmendra Meena, PP Mr. Mukesh Pal Jadoun, Adv.

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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15/12/2022

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By way of this criminal miscellaneous petition under Section 482 of Cr.P.C., accused petitioners have knocked the doors of this Court with a prayer to quash the FIR No.934/2020 registered at Police Station Bayana, District Bharatpur, on the ground that the parties have entered into a compromise by which they have settled their dispute amicably and now, no dispute remains pending between the parties.

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(2 of 2)

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[CRLMP-2530/2021]

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Counsel for the petitioners submits that during the pendency of the investigation, the petitioners have entered into a compromise with the complainant and a written compromise has been placed before the Investigating Officer, who has verified the same and the complainant-respondent started residing with the husband-petitioner No.3 Lokesh Sharma and now, no dispute remains between them.

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On the basis of the factual report submitted by the learned Public Prosecutor, it is clear that the parties have entered into a compromise and the complainant has started residing with the husband-petitioner No.3 Lokesh Sharma and now, no dispute remains between them.

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In view of the aforementioned and considering the submissions made on behalf of the respective parties and the material available on record for perusal of this Court and also considering the fact that the parties have resolved their dispute and the complainant has started residing with his husband petitioner No.3 Lokesh Sharma and looking to the principles laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 , the above-mentioned FIR is liable to be quashed, in view of the compromise arrived at between the parties.

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In view of the above, this criminal miscellaneous petition is allowed and above-mentioned FIR is hereby quashed.

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Stay application also stands disposed of.

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(ANOOP KUMAR DHAND),J

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Pravesh/143

Suresh Chand Sharma S/O Revti Prasad Sharma, v. State of Rajasthan

Case brief

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Suresh Chand Sharma S/O Revti Prasad Sharma, v. State of Rajasthan

Case brief

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