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Ashok Kumar Sharma Son of Late Shri Heeralal Sharma, v. State of Rajasthan

Rajasthan HC19 Dec 2023CRLMP/7732/2023

Case brief

AI extract

What is this about?

This order quashes an FIR registered for matrimonial disputes after parties submitted a joint affidavit confirming a compromise. The High Court quashed the FIR under Section 482 Cr.P.C. relying on Apex Court precedents, disposing of the petition without an elaborate discussion.

What did the court decide?

The FIR No. 749/2022 registered at Police Station Mansarovar is quashed and set aside, and the petition stands disposed of.

Ashok Kumar Sharma Son of Late Shri Heeralal… — Matrimonial and Divorce | Rajasthan HC (2023)

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[2023:RJ-JP:40609]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 7732/2023

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Ashok Kumar Sharma Son Of Late Shri Heeralal Sharma, Aged About 67 Years, Resident Of 77/163, Aravali Marg, Shiprapath, Mansarovar, Jaipur (Raj).

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Vinod Kumar Bharadwaj Son Of Late Shri Heeralal Sharma, Aged About 65 Years, Presently Resident Of 18A, Shrikrishna Nagar, Patrakar Colony, Mansarovar, Jaipur (Raj). Permanent Address 19-20, Mahamaya Nagar, Mandir Marg, Sriram Nagar, Phoolera, District Jaipur (Raj).

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Arvind Kumar Bhardwaj Son Of Late Shri Heeralal Sharma, Aged About 49 Years, Resident Of 54, Sitaram Vihar, Patrakar Colony, Mansarovar, Jaipur (Raj).

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Shashikanta W/o Ashok Kumar Sharma, Resident Of 77/163, Aravali Marg, Shiprapath, Mansarovar, Jaipur (Raj).

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Jyoti Sharma W/o Vinod Kumar Bhardwaj, Presently Resident Of 18-A, Shrikrishna Nagar, Patrakar Colony, Mansarovar, Jaipur (Raj). Permanent Address 19-20, Mahamaya Nagar, Mandir Marg, Sriram Nagar, Phoolera, District Jaipur (Raj).

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----Accused/Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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…..Respondents

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Mohini Devi W/o Late Shri Heeralal Sharma, Aged About 86 Years, Presently Resident of 18-A, Shrikrishna Nagar, Patrakar Colony, Mansarovar, Jaipur (Raj).

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----Complainant-Respondent

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For Petitioner(s) : Mr. Arvind Sharma For State : Mr. Sher Singh Mehla, PP For Complainant : Mr. Ankit Khandelwal

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HON'BLE MR. JUSTICE SAMEER JAIN Order

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19/12/2023

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Present petition is filed under Section 482 Cr.P.C. for quashing of the FIR No.749/2022 registered at Police Station

[2023:RJ-JP:40609]

[CRLMP-7732/2023]

(2 of 2)

Mansarovar, District Jaipur City (South) for the offences u/s 143, 341, 323, 451, 379 of IPC.

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It is jointly submitted by learned counsel for the petitioner and learned counsel for the complainant that since the parties have resolved their matrimonial dispute by way of a compromise, no useful purpose would be served by proceeding with the investigation and/or prosecution in pursuance to the aforesaid FIR. 3. Considering that the parties have amicably resolved their dispute by way of compromise, which is on record, this Court is inclined to quash the impugned FIR, in light of Apex Court judgments of Gian Singh Vs. State of Punjab & Anr., reported in 2012 Cr.L.J. (SC) 4934 and Dimpey Gujral Vs. Union Territory through Administrator, U.T. Chandigarh & Ors., reported in 2013 Cr.L.J. (SC) 520.

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Consequently, the FIR No. 749/2022 registered at Police Station Mansarovar, District Jaipur City (South) is quashed and set aside.

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Accordingly, the present petition stands disposed of in light of the compromise arrived at between the parties.

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(SAMEER JAIN),J

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DEEPAK/Garima/905

Ashok Kumar Sharma Son of Late Shri Heeralal Sharma, v. State of Rajasthan

Case brief

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What did the court decide?

Ashok Kumar Sharma Son of Late Shri Heeralal Sharma, v. State of Rajasthan

Case brief

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What did the court decide?

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