Allowed

Vajid Parvej v. State of Rajasthan

Rajasthan HC28 Nov 2023CRLMP/7267/2023

Case brief

AI extract

What is this about?

Petitioners sought quashing of criminal proceedings under Sections 498-A and 406 IPC in a matrimonial dispute. The High Court, noting a recorded compromise between parties and citing Gian Singh, quashed the FIR and consequent proceedings as no useful purpose remained.

What did the court decide?

FIR No. 211/2018 and consequent proceedings in Criminal Case No. 189/2018 quashed and set aside.

Vajid Parvej Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JD:40869]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 7267/2023

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Vajid Parvej S/o Abdul Salim, Aged About 36 Years, B/c Muslim R/o 459, Devi Road, Vikas Nagar, Chandna Bhakhar, Jodhpur West, Pratap Nagar, Jodhpur City West, Jodhpur, Raj.

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Abdul Salim S/o Abdul Shakur, Aged About 58 Years, B/c Muslim R/o 459, Devi Road, Vikas Nagar, Chandna Bhakhar, Jodhpur West, Pratap Nagar, Jodhpur City West, Jodhpur, Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Smt. Najima D/o Vajid Parvej D/o Abudl Kadir, R/o 60 Gali No. 2, Chhipa Nadi, Sanjay C Colony, Pratapnagar, Jodhpur City West, Raj.

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----Respondents

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For Petitioner(s) : Mr. Hari Prasad. For Respondent(s) : Mr. Vikram Singh, P.P. Mr. Vikas Godara.

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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28/11/2023

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The present petition is filed under Section 482 of CrPC for quashing entire proceedings in Criminal Case No. 189/2018 (NCV No. 17579/2018) in connection of FIR No. 211/2018 registered at PS Mahila Thana, Jodhpur City West for the alleged offence under Section 498-A and 406 of IPC.

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Learned counsel for the petitioner submits that the controversy involved in the present matter is matrimonial in nature and was an inter se dispute between the parties on account

[2023:RJ-JD:40869]

[CRLMP-7267/2023]

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of some misunderstanding. The parties have since resolved their inter-se dispute and have arrived at a compromise, which is on record. Therefore, a prayer is made to quash the impugned FIR and the subsequent proceedings arising out of the same.

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Learned counsel for the complainant/victim has supported the submissions made on behalf of the petitioner and has verified the fact of compromise.

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Considering that the parties have amicably resolved their inter-se dispute, this Court is of the opinion that no useful purpose would be served by continuing with the proceedings arising out of the impugned FIR, as the alleged offence does not affect the society at large.

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In view of the above and considering the Apex Court judgment of Gian Singh vs. State of Punjab: (2012) 10 SCC 303 , this Court is inclined to quash the impugned FIR and the consequent proceedings.

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Accordingly, the impugned FIR and the consequent proceedings are quashed and set aside.

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The present petition is disposed of in terms of the compromise arrived at between the parties. Pending application(s), if any, shall stand disposed of.

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(SAMEER JAIN),J

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248-Sumit/-

Vajid Parvej v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vajid Parvej v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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