Allowed

Rekha v. State of Rajasthan

Rajasthan HC4 May 2023CRLMP/741/2023

Case brief

AI extract

What is this about?

This order approves the quashing of FIR No. 223/2022 registered for offences under Sections 498-A, 323, and 109 of the IPC. The court allowed the petition based on a compromise reached between the petitioners and respondent No. 2, applying the principle that matrimonial matters under Section 498-A IPC are quashable upon settlement.

What did the court decide?

FIR No. 223/2022 and all consequential proceedings for offences under Sections 498-A, 323, and 109 of IPC are quashed. The stay petition is also allowed.

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

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[2023/RJJD/013493]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 741/2023

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Rekha W/o Mohan Nath, Aged About 37 Years, Nimba Nimdi, Mandore, Jodhpur City East, Rajasthan.

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Sharwan Nath S/o Surman Nath, Aged About 28 Years, Nimba Nimdi, Mandore, Jodhpur City East, Raj.

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Shuram Nath S/o Kalu Nath, Aged About 45 Years, Nimba Nimdi, Mandore, Jodhpur City East, Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp 2. Pooja W/o Urjan, Daijar, Raiko Ki Dhani, Karwad, Jodhpur City East, Raj.

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----Respondents

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Connected With

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S.B. Criminal Misc(Pet.) No. 8473/2022

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Rekha S/o Mohan Nath, Aged About 37 Years, R/o Nimba Nimdi Mandore Jodhpur City East Raj.

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Sharwan Nath S/o Surman Nath, Aged About 28 Years, R/ o Nimba Nimdi Mandore Jodhpur City East Raj.

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Shuram Nath S/o Kalu Nath, Aged About 45 Years, R/o Nimba Nimdi Mandore Jodhpur City East Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp 2. Pooja W/o Urjan, R/o Daijar Raiko Ki Dhani Karwad Jodhpur City East Raj.

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----Respondents

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For Petitioner(s) : Mr. Harendra Singh Inda For Respondent(s) : Ms. Anita Gehlot, PP Mr. Umed Singh Bhati, for respondent NO.2

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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04/05/2023

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S.B. Criminal Misc(Pet.) No. 741/2023

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Learned counsel for the petitioners wants to withdraw the above misc. Petition.

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Hence, the present misc. Petition as well as stay petition is dismissed as withdrawn.

[2023/RJJD/013493]

[CRLMP-741/2023]

(2 of 2)

S.B. Criminal Misc(Pet.) No. 8473/2022

¶30

This instant criminal misc. petition has been filed by the petitioners for quashing of FIR No.223/2022 registered at Police Station Mahila Thana, Distt. Jodhpur City East for offence under Sections 498-A, 323 and 109 of IPC on the basis of compromise arrived at between the parties.

¶31

Counsel for the petitioners submits that the petitioners and respondent No.2 have entered into a compromise in the spirit of Lok Adalat and they have amicably settled their dispute, therefore, the impugned FIR may be quashed.

¶32

Having considered the facts and circumstances of the case, since the petitioners and respondent No.2 have arrived at compromise and settled their dispute and in the view of the law laid down by the Hon’ble Apex court in the case of B.S. Joshi Vs. State of Haryana, reported in 2003 (4) SCC p.675 in which it has been held that the proceedings under Section 498-A IPC can be quashed because it is the matrimonial matter, the impugned FIR and all consequential proceedings for offence under Section 498-A are liable to be quashed.

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Accordingly, the present misc. petition is allowed and the impugned FIR No.223/2022 registered at Police Station Mahila Thana, Distt. Jodhpur City East for offence under Sections 498-A, 323 and 109 of IPC are quashed on the basis of aforesaid compromise.

¶34

Stay petition also decided accordingly.

¶35

(MANOJ KUMAR GARG),J

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82-83 Ishan/-

Rekha v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rekha v. State of Rajasthan

Case brief

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What did the court decide?

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