Allowed

Ravi Kumar Gaur Son of Ashok Kumar Gaur, v. State of Rajasthan

Rajasthan HC5 Dec 2023CRLMP/2917/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition under Section 482 CrPC and quashed the FIR registered against the petitioners for offences under Sections 498-A, 406, and 323 IPC. The court was satisfied that a compromise was arrived at between the parties, resolving their dispute, and held that the FIR was liable to be quashed to restore peace and harmony.

What did the court decide?

FIR No. 53/2023 registered at Police Station Mahila Thana, District Jaipur City (South) is quashed and set aside. The stay application also stands disposed of.

Ravi Kumar Gaur Son of Ashok Kumar Gaur, Vs State… — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JP:38067]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 2917/2023

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Ravi Kumar Gaur Son Of Ashok Kumar Gaur, Aged About 28 Years, Resident Of Thada Post Thada, Tehsil And District Pratapgarh, Rajasthan.

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Pramila Gaur Wife Of Ashok Gaur, Resident Of Thada Post Thada, Tehasil And District Pratapgarh, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through PP

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Akshita Wife Of Ravi Kumar Gaur Daughter Of Atul Saxena, Resident Of 08, Vallabh Bari, Gumanpura, Kota, Rajasthan Present Address-1/70, Vishnu Marg, Mansarowar, Police Station Mansarowar, Jaipur (Raj).

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----Respondents

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For Petitioner(s) : Mr. Chandra Shekhar For Respondent(s) : Mr. S.K. Mahala, PP Mr. Aditya Sharma, complainant

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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05/12/2023

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By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No.53/2023 registered at Police Station Mahila Thana, District Jaipur City (South) for the offences punishable under Sections 498-A, 406 & 323 of IPC.

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Learned counsel for the petitioners submits that during pendency of the investigation, the petitioners have entered into a compromise with the complainant and the written compromise has been annexed with this petition. The compromise was submitted before the learned trial court which was partly accepted on 02.11.2023 for the offence under Section 406 of IPC and denied to compound the offence under Section 498-A of IPC as the same is

(2 of 2)

[2023:RJ-JP:38067]

[CRLMP-2917/2023]

not compoundable. The certified copy of order dated 02.11.2023 has been taken on record.

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Learned Public Prosecutor and learned counsel for the complainant do not dispute the aforesaid factual position. 4. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the petitioners and the complainant have resolved their dispute and the petitioner No.1 and the complainant (husband and wife respectively) have decided to live separately, this Court is of the view that in order to establish peace and harmony between the petitioners and complainant and in order to let them live peacefully in the future life, and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ] and as such, the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.

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In view of the above, this criminal misc. petition is allowed and the FIR No.53/2023 registered at Police Station Mahila Thana, District Jaipur City (South) is quashed and set aside. Consequence to follow.

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The stay application also stands disposed of.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /253

Ravi Kumar Gaur Son of Ashok Kumar Gaur, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ravi Kumar Gaur Son of Ashok Kumar Gaur, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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