Allowed

Piyush Kumar Tiwari S/O Late Shri Narayan Lal Sharma v. State of Rajasthan

Rajasthan HC5 Dec 2023CRLMA/60/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous application under section 482 Cr.P.C. to quash FIR No. 658/2018. The court observed that the underlying dispute between the parties was a family matter which had been resolved via a compromise after a previous revision petition was allowed.

What did the court decide?

The impugned FIR No. 658/2018 registered at PS Jawahar Circle, Jaipur City (East), and any consequent proceedings arising thereof, are quashed and set aside.

Piyush Kumar Tiwari S/O Late Shri Narayan Lal… — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JP:37867]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Application No. 60/2023

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Piyush Kumar Tiwari S/o Late Shri Narayan Lal Sharma, Aged About 75 Years, R/o Chuli Gate Gangapur City Dist. Sawai Madhopur Present R/o Plot No 8/14 Malviya Nagar Jaipur 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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Kavita Sharma W/o Late Siddharth Tiwari, Aged About 43 Years, R/o 8/14, Malviya Nagar, Jaipur (Raj)

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----Non Applicants/Respondents

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For Petitioner(s)	: Mr. Rajneesh Gupta with
	Ms. Surbhi Agarwal
For State	: Mr. Babulal Nasuna, PP
For Complainant	: Mr. F.R. Meena

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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05/12/2023

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Present miscellaneous application under section 482 Cr.P.C. is filed for clarification of order dated 26.06.2022 in S.B. Criminal Revision Petition No. 1452/2019 and is filed seeking the following relief:

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“It is, therefore, prayed that this Hon’ble Court may be pleased to accept and allow this application and may kindly pass appropriate orders with further direction to the learned trial court to drop the proceedings arising out of FIR No. 658/2018 registered at Police Station, Jawahar Circle, Jaipur City (East.)” 2. By order dated 26.06.2022, this Court had allowed the revision petition filed by the petitioner in view of the compromise arrived at between the parties as the lis therein was a family

[CRLMA-60/2023]

[2023:RJ-JP:37867]

(2 of 3)

dispute inter-se between the parties. Now, the petitioners are seeking directions from this Court to the effect that any proceedings arising out of impugned FIR No. 658/2018 registered at PS Jawahar Circle, Jaipur City (East) may also be quashed and set aside.

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In support of this prayer, learned counsel has relied on Apex Court judgment of Ramawatar vs. State of Madhya Pradesh: (2022) 13 SCC 635 and judgment of Madhya Pradesh High Court, Gwalior Bench in case of Balveer Singh vs. State of Madhya Pradesh (CRR No. 1066/2022; decided on 02.05.2022) . It is further submitted that consequent to order dated 26.06.2022, the parties appeared before the Deputy Registrar of this Court wherein the fact of compromise was also attested.

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Learned counsel for the complainant has also verified the fact of compromise and has prayed for setting aside of the proceedings arising out of the impugned FIR as the parties do not want to proceed with any litigation.

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Heard learned counsel for the parties.

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Considering the fact that the parties have resolved their interse family dispute, considering the judgments of Ramawatar

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(supra) and Balveer Singh (supra) , and for the reasons stated in the misc. application, this Court is inclined to allow the present misc. application.

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Accordingly, it is ordered that the impugned FIR No. 658/2018 registered at PS Jawahar Circle, Jaipur City (East), and any

(3 of 3)

[2023:RJ-JP:37867]

[CRLMA-60/2023]

consequent proceedings arising thereof, are quashed and set aside.

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The misc. application is allowed in above terms.

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(SAMEER JAIN),J

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GARIMA /1

Piyush Kumar Tiwari S/O Late Shri Narayan Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Piyush Kumar Tiwari S/O Late Shri Narayan Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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