The High Court quashed an FIR registered under dowry and cruelty provisions. The Court noted a physical settlement and restoration of matrimonial life, holding that continuing criminal proceedings would be an abuse of the process of law.
The impugned FIR and all subsequent proceedings arising out of the same were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1135/2023
----Petitioners
Versus
----Respondents
Connected With
S.B. Criminal Miscellaneous (Petition) No. 1136/2023
Gunjan Sen W/o Dr. Mudit Tyagi, Aged About 38 Years, R/o F- 701, Casa Rouge, Hitech City Road, Kondapur, Hyderabad, Telangana -500084.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Ramit Pareek For Respondent(s) : Mr. Babu Lal Nasuna, PP Mr. Lokesh Kumar Sharma
HON'BLE MR. JUSTICE BIRENDRA KUMAR
[CRLMP-1135/2023]
(2 of 2)
Order
19/10/2023
Prayer is for quashing of FIR No. 9/2023 registered with police station Mahila Thana, Tonk for offences under Sections 498A, 406 and 323 of IPC and Section 4 of Dowry Prohibition Act on the basis of compromise between the parties.
Respondent No. 2 is physically present in court and supports the factum of compromise and informs that her matrimonial life has been restored.
After settlement of matrimonial dispute, continuance of criminal proceedings would be an abuse of the process of law. Hence, the impugned FIR and all subsequent proceedings arising out of the said FIR stands hereby quashed and the instant petitions stand accordingly allowed.
Pending application, if any, stands disposed of.
(BIRENDRA KUMAR),J
Ashu /1462-1463.
2 issues framed by the court
Whether the FIR should be quashed based on a compromise between the parties in a matrimonial dispute?
Whether criminal proceedings would amount to an abuse of process of law after settlement?
2 provisions across 2 enactments
Colonel Kumar Devendra Sen (Retd) and others
Gunjan Sen
State Of Rajasthan
Minakshi Gautam
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
