Allowed

Deepak D. Thakur Son of Dilip S Thakur v. State of Rajasthan

Rajasthan HC16 May 2024CRLMP/1820/2022

Case brief

AI extract

What is this about?

The High Court allowed a petition under Section 482 CrPC to quash an FIR and subsequent proceedings for matrimonial offences. The court quashed the case based on the parties' amicable resolution and compromise deed, citing Supreme Court precedents on allowing settlement to restore peace.

What did the court decide?

FIR No. 27/2022 at Police Station Mahila Thana, District Ajmer and all subsequent criminal proceedings are quashed and set aside.

Deepak D. Thakur Son of Dilip S Thakur Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

¶1

[2024:RJ-JP:23363]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 1820/2022

¶4

Deepak D. Thakur Son Of Dilip S Thakur, Resident Of Icic Extension 4 Th Main Road, Behind Saibaba Tample Tiptur 572201

¶5

Dilip S Thakur Son Of Shamiai S. Thakur, Icic Extension 4Th Main Road, Behind Saibaba Temple, Titpur 542201

¶6

Kavita D Thakur Wife Of Dilip S Thakur, Resident Of Icic Extension 4Th Main Road, Behind Saibaba Temple, Titpur 542201

¶7

Jyoti D Thakur Wife Of Ashish V Chuncha, Resident Of Lashmi Nilaya, Abbaih Reddy Layout Kaggadasapura, Bangalore 560093

¶8

----Petitioners

¶9

Versus

¶10

State Of Rajasthan, Through P.P.

¶11

Komal Nawlani Daughter Of Manoj Nawlani Wife Of Deepak D. Thakur, Presently Resident Of 11, Jeewatram Colony, Ajay Nagar, Ajmer ( Rajasthan)

¶12

----Respondents

¶13

For Petitioner(s)	: Mr. Rahul Sharma for
	Mr. Rajneesh Gupta
For Respondent(s)	: Mr. Babulal Nasuna, PP
For Complainant(s)	: Mr. Shubham Saini

¶14

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

¶15

Order

¶16

16/05/2024

¶17

By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No. 27/2022 registered at Police Station Mahila Thana, District Ajmer for the

[2024:RJ-JP:23363]

[CRLMP-1820/2022]

(2 of 3)

offences punishable under Sections 498A and 406 of IPC alongwith all consequential and subsequent proceedings arising thereto.

¶22

Learned counsel for the petitioner submits that parties have resolved their dispute amicably and entered into a compromise. Counsel further submits that an application under Section 13B of Hindu Marriage Act has been filed by petitioner and complainantrespondent no.2 before the Family Court for grant of divorce by mutual consent. He submits that compromise deed is annexed with this petition.

¶23

Complainant-respondent No. 2 is present in person and duly identified by her counsel. Learned Public Prosecutor and learned counsel for the complainant do not dispute the aforesaid factual position. Under the instructions of the complainant, her counsel submits that parties have resolved their dispute amicably and complainant has no objection if the FIR in question and all subsequent proceedings are quashed.

¶24

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 petitioner No.1 and the complainant-respondent No.2 (husband and wife respectively) have resolved their dispute, this Court is of the view that in order to establish peace and harmony between the petitioner 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 &

(3 of 3)

[CRLMP-1820/2022]

[2024:RJ-JP:23363]

Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ] and as such, the impugned FIR and all subsequent criminal proceedings are liable to be quashed in view of compromise arrived at between the parties.

¶29

In view of the above, this criminal misc. petition is allowed and the FIR No. 27/2022 registered at Police Station Mahila Thana, District Ajmer and all subsequent criminal proceedings are quashed and set aside. Consequence to follow.

¶30

The stay application also stands disposed of.

¶31

(ANIL KUMAR UPMAN),J

¶32

LALIT MOHAN /537

Deepak D. Thakur Son of Dilip S Thakur v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak D. Thakur Son of Dilip S Thakur 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

Ram Amit Sharma Vs State of Rajasthan and Anr.

Girraj Prasad Gupta S/O Sh. Ghanshyam Gupta Vs the State of Rajasthan

Nagendra Singh Adopted Son of Late Shri Thakur Mangal Singh Vs State of Rajasthan

Dulichand S/O Manguram Vs State of Rajasthan

Jagjeet Singh @ Jeetu Banna S/O Shri Sarvadaman Singh Vs State of Rajasthan

Pradeep Singh S/O Shri Mahaveer Singh Shekhawat Vs State of Rajasthan