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2021 DIGILAW 1935 (RAJ)

Balvir Singh Tomar v. State of Rajasthan

2021-10-05

MAHENDAR KUMAR GOYAL

body2021
JUDGMENT All these criminal miscellaneous petitions under Section 482 CrPC have been filed by the respective parties for quashing the FIR No.662/2018 qua petitioner Dr. Balvir Singh registered at Police Station Amer, District Jaipur for the offence under Sections 376(2)(M) & 376(2)(x) of IPC, the FIR No.454/2016 qua petitioner Swati Tomar registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Sections 406, 420, 467, 468, 471 & 120-B of IPC, the FIR No.395/2018 for the offence under Sections 420, 389, 500 & 120-B of IPC, FIR No.400/2018 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Sections 420, 467, 468 & 471 of IPC and FIR No.399/2019 registered at Police Station Ashok Nagar, District Jaipur City (South) for the offence under Sections 384 & 120-B of IPC qua petitioner Neha Khan, the FIR No.399/2019 registered at Police Station Ashok Nagar, District Jaipur City (South) for the offence under Section 384 & 120-B of IPC, FIR No.395/2018 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Sections 420, 389, 500 & 120-B of IPC, FIR No.454/2016 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Sections 406, 420, 467, 468, 471 & 120-B of IPC & FIR No.99/2018 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Sections 420, 406 & 120-B of IPC qua petitioner Dr. Shobha Tomar, the FIR No.454/2016 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Sections 406, 420, 467, 468, 471 & 120-B of IPC, FIR No.164/2017 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Section 406, 420 & 120-B of IPC and FIR No.99/2018 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Sections 420, 406 & 120-B IPC qua petitioner Anurag Tomar against them by the complainants/respondents. Since, all these FIRs represent version and cross-version by the respective parties arising out of a series of intertwined transaction and hence, all these petitions are being heard together. Learned counsels appearing for the petitioners submitted that the dispute, predominantly of civil and private in nature or arising out of misunderstanding between the parties, has amicably been settled between them. Since, all these FIRs represent version and cross-version by the respective parties arising out of a series of intertwined transaction and hence, all these petitions are being heard together. Learned counsels appearing for the petitioners submitted that the dispute, predominantly of civil and private in nature or arising out of misunderstanding between the parties, has amicably been settled between them. Relying on the compromise deed/affidavits of the respondents/complainants placed on record in each of the petitions, learned counsels referring the judgments of Hon'ble Apex Court of India in cases of Gian Singh v. State of Punjab & Anr. reported in JT 2012 (9) SC-426, Narinder Singh & Ors. v. State of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351, Saju P.R. v. State of Kerala, 2018 SCC Online Ker 10821 and co-ordinate Bench judgments of this Court in cases of Mubin Khan v. State of Rajasthan in S.B. Criminal Appeal No.1302/2020 & Hardik Sharma v. State of Rajasthan in S.B. Criminal Miscellaneous Petition No.6271/2019, submitted that the FIRs and consequential proceedings arising out of the same may be quashed and set aside. Learned Public Prosecutor opposed the criminal miscellaneous petitions. Learned counsels for the complainants/respondents acknowledging the factum of amicable settlement of dispute between the parties, submitted that they have no objection if the criminal miscellaneous petitions are allowed and FIRs in question as well as the proceedings arising therefrom are quashed. In view of the contentions made by the respective parties, the amicable settlement of dispute between them and in the backdrop of law laid down in the judgments of Gian Singh (supra), Narinder Singh (supra) & Saju P.R. (supra), and co-ordinate Bench judgments of this Court in cases of Mubin Khan (supra) & Hardik Sharma (supra), this Court deems it just and proper to allow these criminal miscellaneous petitions and quash the FIRs as well as the consequential proceedings arising therefrom. Resultantly, all these criminal miscellaneous petitions are allowed and the FIR No.662/2018 qua petitioner Dr. Resultantly, all these criminal miscellaneous petitions are allowed and the FIR No.662/2018 qua petitioner Dr. Balvir Singh registered at Police Station Amer, District Jaipur for the offence under Sections 376 (2) (d) & 376 (2) (dh) of IPC, the FIR No.454/2016 qua petitioner Swati Tomar registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Sections 406, 420, 467, 468, 471 & 120-B of IPC, the FIR No.395/2018 for the offence under Sections 420, 389, 500 & 120-B of IPC, FIR No.400/2018 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Sections 420, 467, 468 & 471 of IPC and FIR No.399/2019 registered at Police Station Ashok Nagar, District Jaipur City (South) for the offence under Sections 384 & 120-B of IPC qua petitioner Neha Khan, the FIR No.399/2019 registered at Police Station Ashok Nagar, District Jaipur City (South) for the offence under Section 384 & 120-B of IPC, FIR No.395/2018 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Sections 420, 389, 500 & 120-B of IPC, FIR No.454/2016 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Sections 406, 420, 467, 468, 471 & 120-B of IPC & FIR No.99/2018 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Sections 420, 406 & 120-B of IPC qua petitioner Dr. Shobha Tomar, the FIR No.454/2016 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Sections 406, 420, 467, 468, 471 & 120-B of IPC, FIR No.164/2017 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Section 406, 420 & 120-B of IPC and FIR No.99/2018 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Sections 420, 406 & 120-B IPC qua petitioner Anurag Tomar and the consequential proceedings arising therefrom are quashed. All the pending applications also stand disposed of accordingly.