Allowed

Vijay Choudhary v. State of Rajasthan

Rajasthan HC17 Jan 2024CRLMP/300/2024

Case brief

AI extract

What is this about?

Matrimonial dispute case where parties reached a compromise; the court followed the Supreme Court's Gian Singh judgment and quashed all proceedings against the petitioners in Criminal Case No.223/2019 arising from FIR No.43/2018, Pali.

What the court decided

AI extract

Vijay Choudhary Vs State of Rajasthan — Matrimonial and Divorce | Rajasthan HC (2024)

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(1 of 3) [CRLMP-300/2024]

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[2024:RJ-JD:2769]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 300/2024

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Vijay Choudhary S/o Chimana Ram Choudhary, Aged About 32 Years, R/o 504, Indra Colony Vistar, Pali, District Pali, Rajasthan.

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Kamala W/o Chimana Ram Choudhary, Aged About 54 Years, R/o 480, Indra Colony Vistar, Pali, District Pali, Rajasthan.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp 2. Priyanka Choudhary D/o Natha Ram Choudhary, Aged About 29 Years, R/o 11, Basant Vihar, Pali District Pali, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Pritam Joshi For Respondent(s) : Mr. Vikram Sharma, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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17/01/2024

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The instant criminal miscellaneous petition has been filed under Section 482 of the Cr.P.C. seeking quashing of proceedings in Criminal case No.223/2019 pending before the learned Judicial Magistrate No.1, First Class, Pali, arising out of First Information Report No.43/2018 registered at the Police Station Mahila Thana District Pali for the offences under Sections 406, 323 and 498-A of the IPC.

[2024:RJ-JD:2769]

[CRLMP-300/2024]

(2 of 3)

It is submitted by counsel for the petitioners that the parties have settled their dispute by way of compromise. Learned counsel has relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh Vs. State of Punjab & Anr. reported in 2012(10) SCC 303 and prayed that the FIR pending against the petitioners be quashed in view of the compromise between the parties.

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Learned Public Prosecutor has opposed the petition.

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The case is arising out of a matrimonial strife and now the parties have settled their dispute and arrived at a compromise, which was submitted before the trial court. The learned trial court verified the compromise to the extent of Sections 406 and 323 of the IPC, but kept the trial pending for the offence under Section 498-A of the IPC. Considering the facts and circumstances of the present case and the fact that the parties have settled their dispute by way of compromise, the dispute is inter se between the parties and does not affect the society at large and also following the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh (supra), the instant criminal miscellaneous petition is allowed and the entire proceedings in Criminal case No.223/2019 pending before the learned Judicial Magistrate No.1, First Class, Pali, arising out of First Information Report No.43/2018 registered at the Police Station Mahila Thana District Pali and all

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(3 of 3) [CRLMP-300/2024]

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[2024:RJ-JD:2769]

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consequential proceedings, qua the petitioners, are hereby

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quashed.

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The stay application also stands disposed of.

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(FARJAND ALI),J

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219-Pramod/-

Vijay Choudhary v. State of Rajasthan

Case brief

What is this about?

What the court decided

Vijay Choudhary v. State of Rajasthan

Case brief

What is this about?

What the court decided

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