Quashed

Pankaj Madrecha v. State of Rajasthan

Rajasthan HC28 Nov 2023CRLMP/7277/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed criminal proceedings filed under sections 498-A, 406, 420 and 120B of IPC after the parties reached a mutually agreed compromise. The court held that no useful purpose would be served by continuing the trial.

What did the court decide?

The impugned FIR No. 12/2020 and the consequent criminal proceedings in Case No. 29/2021 are quashed and set aside.

Pankaj Madrecha Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JD:40866]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 7277/2023

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Pankaj Madrecha S/o Devendra Kumar Madrecha, Aged About 40 Years, R/o Kothariyo Ka Mohalla, Rajnagar, Tehsil And Dist. Rajsamand.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Smt. Archana Vishwakarma D/o Kamta Prasad, Aged About 36 Years, R/o F-9, Jk Colony, Md, At Present Jk Mod 1St Lane, Kankroli, Dist. Rajsamand.

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----Respondents

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For Petitioner(s)	: Mr.	Nidhi Singhvi.
For Respondent(s)	: Mr.	Vikram Singh, P.P.
	Ms.	Rakhi Choudhary.

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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. 29/2021 pending before court of Chief Judicial Magistrate, Rajsamand, in connection of FIR No. 12/2020 dated 09.03.2020 registered at PS Mahila Thana, Rajsamand for the alleged offence under Section 498-A, 406, 420 and 120B 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 of some misunderstanding. The parties have since resolved their inter-se dispute and have arrived at a compromise, which is on

[2023:RJ-JD:40866]

[CRLMP-7277/2023]

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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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252-Sumit/-

Pankaj Madrecha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pankaj Madrecha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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