Allowed

Vivek Mandal Son of Ram Brit Mandal, v. State of Rajasthan

Rajasthan HC11 Sept 2023CRLMP/434/2023

Case brief

AI extract

What is this about?

The High Court allowed criminal miscellaneous petitions to quash an FIR registered against petitioners for offences including cruelty by husband and wife and cheating. The Court found a compromise between the husband and wife, allowing them to live separately, and applied Supreme Court precedents to quash the proceedings to establish peace.

What did the court decide?

FIR No.106/2022 registered at Police Station Mahila Thana, Jaipur City (South) and all subsequent proceedings are quashed and set aside. Stay application disposed of.

Vivek Mandal Son of Ram Brit Mandal, Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2023)

¶1

[2023:RJ-JP:21939]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 10998/2022

¶4

Ram Brit Mandal Son Of Late Bilat Mandal, Resident Of L/86/f, Narkel Danga, Railway Quarters, Near Narkel Danga High School, Narkel Danga, Kolkata, West Bengal 700011.

¶5

Sushila Mandal Wife Of Ram Brit Mandal Son Of Late Bilat Mandal, Resident Of L/86/f, Narkel Danga, Railway Quarters, Near Narkel Danga High School, Narkel Danga, Kolkata, West Bengal 700011.

¶6

Puja Mandal Daughter Of Ram Brit Mandal Son Of Late Bilat Mandal, Resident Of L/86/f, Narkel Danga, Railway Quarters, Near Narkel Danga High School, Narkel Danga, Kolkata, West Bengal 700011.

¶7

Bidya Mandal Daughter Of Ram Brit Mandal Son Of Late Bilat Mandal, Resident Of L/86/f, Narkel Danga, Railway Quarters, Near Narkel Danga High School, Narkel Danga, Kolkata, West Bengal 700011.

¶8

----Petitioners

¶9

Versus

¶10

State Of Rajasthan, Through Public Prosecutor.

¶11

The SHO, Women Police Station, Jaipur.

¶12

The Superintendent Of Police, Jaipur City (South), Jaipur. 4. Suchi Soni Daughter Of Kishore Kumar Soni, Resident Of A-403, Guru Shikhar Apartments, Near Chokhi Dhaani, Bilwa, Jaipur City (South), Jaipur, Rajasthan.

¶13

----Respondents

¶14

S.B. Criminal Miscellaneous (Petition) No. 434/2023

¶15

Vivek Mandal Son Of Ram Brit Mandal, Resident Of H. No. B- 36/40-A-5-2, Ashirwad Apartment, Kabir Nagar, Durga Kund, Varanasi City (U.P). Mobile No. 8960321600.

¶16

----Petitioner

¶17

Versus

¶18

State Of Rajasthan, Through Public Prosecutor.

¶19

The SHO, Women Police Station, Jaipur.

¶20

The Superintendent Of Police, Jaipur City (South), Jaipur.

(2 of 3)

[2023:RJ-JP:21939]

[CRLMP-10998/2022]

Suchi Soni Daughter Of Kishore Kumar Soni, Resident Of A-403, Guru Shikhar Apartments, Near Chokhi Dhaani, Bilwa, Jaipur City (South), Jaipur, Rajasthan.

¶25

----Respondents

¶26

For Petitioner(s) : Mr. Himmat Singh For Respondent(s) : Mr. Chandragupt Chopra, PP Mr. Prince Pal Singh, for complainant

¶27

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

¶28

Order

¶29

11/09/2023

¶30

The petitioner Vivek Mandal, who filed the S.B. Criminal Misc. Petition No.434/2023 and the complainant Suchi Soni are present in person and have been duly identified by their respective counsel.

¶31

By way of these criminal misc. petitions under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No.106/2022 registered at Police Station Mahila Thana, Jaipur City (South) for the offences punishable under Sections 498-A, 420, 406, 120-B, 323, 295-A & 34 of IPC.

¶32

Learned counsel for the petitioners submits that during pendency of the investigation, the petitioners have entered into a compromise with the complainant and she is not intended to pursue the FIR lodged by her against the petitioners. The compromise is annexed with the petitions.

¶33

Learned counsel for the complainant submits that the complainant has no objection if the FIR in question is quashed.

[2023:RJ-JP:21939]

[CRLMP-10998/2022]

(3 of 3)

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 amicably and the petitioner Vivek Mandal and the complainant Suchi Soni (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 ] , the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.

¶38

In view of the above, these criminal misc. petitions are allowed and the FIR No.106/2022 registered at Police Station Police Station Mahila Thana, Jaipur City (South) and all subsequent proceedings arising out if, are quashed and set aside. Consequence to follow.

¶39

The stay application also stands disposed of.

¶40

(ANIL KUMAR UPMAN),J

¶41

CHARU SONI /1770 & 1772

Vivek Mandal Son of Ram Brit Mandal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vivek Mandal Son of Ram Brit Mandal, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Banvari S/O Shri Prem Singh, Vs State of Rajasthan

Manoj Chirania S/O Shri Madan Lal, Vs State of Rajasthan

Mo. Najim S/O Shri Gulam Rasool Mohammad Vs State of Rajasthan

Gaurav Sharma Son of Shri Yash Kumar Sharma Vs State of Rajasthan

Sunil Kumar Malhotra Son of Shri Brijmohan Malhotra Vs State of Rajasthan

Vimal Agarwal @ Choudhary Budhram Khetram S/O Shri Choudhary Khetram Lala Ji Vs State of Rajasthan