Allowed

Madhusudan Gopal Vyas v. State

Rajasthan HC21 Aug 2024CRLMP/75/2021

Case brief

AI extract

What is this about?

A matrimonial dispute FIR under Sections 498-A, 406 & 323/34 IPC at P.S. Salasar was sought to be quashed on the basis of a settlement; the parties had obtained a mutual-consent divorce decree. With complainant and prosecutor concurring in the compromise, the court quashed the FIR and consequential proceedings.

What did the court decide?

FIR No.140/2020 and all further proceedings arising therefrom against the petitioner were quashed.

Madhusudan Gopal Vyas Vs State — Matrimonial and Divorce | Rajasthan HC (2024)

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[2024:RJ-JD:34516]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 75/2021

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Madhusudan Gopal Vyas S/o Late Shri Gopalvas, Aged About 30 Years, Shriram Apartments, Juna Poona Naka, Sholapur, Maharashtra.

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Smt. Sharmila Gopal Vyas W/o Late Shri Gopal Vyas, Aged About 60 Years, Shriram Apartments, Juna Poona Naka, Sholapur, Maharashtra.

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----Petitioners

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Versus

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State, Through P.p. 2. Bhavika W/o Shri Madhusudan Vyas D/o Shri Jagdish Prasad Sharma (Behar), Bunglow No. 41, Jai Shri Balaji, Near Geeta Mandir, Hivarinagar, Nagaur, Maharashtra. At Present C/o Shri Laxminarayan Pujari, Near Mohan Dham Bus Stand, Salasar, District Churu (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Rajesh Punia For Respondent(s) : Mr. Vikram Rajpurohit, P.P. Mr. Salman Agha for complainant

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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21/08/2024

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Quashing of FIR No.140/2020, dated 13.09.2020, for the alleged offences committed under Sections 498-A, 406 & 323/34 of IPC, registered at P.S. Salasar, Churu is sought herein on the basis of compromise arrived between the parties. Though, the compromise has not been appended with the petition, however, same is mentioned in application I.A. No.1/2024, which has not been disputed or opposed by learned counsel for the complainant.

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Learned counsel for the petitioners submits that the parties have amicably settled their dispute arising out of matrimonial

[2024:RJ-JD:34516]

[CRLMP-75/2021]

(2 of 3)

discord by way of compromise/settlement, the same is mentioned in application I.A. No.1/2024.

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It transpires that in view of the amicable settlement arrived between the parties, they decided to seek divorce by mutual consent under Section 13-B of the Hindu Marriage Act by filing appropriate application, and parties had moved a petition for divorce decree in the court at Nagpur, which has been decreed on mutual consent by decree dated 19.07.2024.

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On a Court query, learned counsel for the respondent No.2complainant and learned Public Prosecutor concur with the fact of compromise and submit that in view of the compromise, they have no objection if the FIR in question is quashed. I see no reason, in view of the settlement agreement/compromise arrived as mentioned in application I.A. No.1/2024, as to why the FIR in question be not quashed and all consequential proceedings may be quashed on the basis of compromise.

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In the premise, in the larger interest of justice, invoking inherent powers vested with this Court under Section 482 Cr.P.C. it is deemed expedient to quash the FIR in question arising out of matrimonial dispute between the private parties. Reference in this context may also be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303].

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Consequently, the instant petition is allowed. The criminal proceedings arising out of FIR No.140/2020, dated 13.09.2020, for the alleged offences committed under Sections 498-A, 406 & 323/34 of IPC, registered at P.S. Salasar, Churu, against the petitioner and further proceedings arising therefrom are hereby quashed.

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(3 of 3) [CRLMP-75/2021]

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[2024:RJ-JD:34516]

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All pending application(s), if any, shall also stand disposed of.

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(ARUN MONGA),J

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246-AnilKC/-

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Whether Fit for Reporting – Yes / No

Madhusudan Gopal Vyas v. State

Case brief

What is this about?

What did the court decide?

Madhusudan Gopal Vyas v. State

Case brief

What is this about?

What did the court decide?

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