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2021 DIGILAW 1993 (RAJ)

Ajay Bairwa v. State of Rajasthan

2021-10-21

ASHOK KUMAR GAUR

body2021
ORDER 1. This criminal misc. petition has been filed by the petitioner for quashing FIR No.281/2021 dated 03.05.2021 registered at Police Station Bandikui, District Dausa for offences under Sections 354(D) & 506 of IPC and Section 11/12 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'the Act of 2012') as parties have entered into compromise and they do want to continue the criminal proceedings. 2. Learned counsel for the petitioner Mr. Arvind Sharma submitted that initially the complainant had lodged an FIR against the petitioner and allegations were levelled that the petitioner had committed offence under Section 354(D) & 506 of IPC and Section 11/12 of the Act of 2012. 3. Learned counsel submitted that prosecutrix is a student and she had very cordial relation with the accused-petitioner but due to some minor issue between them, there was some misunderstanding and as such, FIR was lodged. 4. Learned counsel submitted that father of the prosecutrix i.e. Prasadilal-Complainant has filed an affidavit before this Court wherein he has admitted that there is no dispute between him and accused petitioner and he does not want to continue with the criminal proceedings initiated against the petitioner and no incident had taken place. 5. The original affidavit is produced for perusal of this Court by learned counsel for the petitioner Mr. Arvind Sharma and the same is taken record. 6. Learned counsel appearing for the complainant does not dispute the fact of compromise being entered into between the parties and submitted that necessary order may be passed, as per law, by this Court for dropping the proceeding initiated against the petitioner. 7. Learned Public Prosecutor has opposed the prayer and submitted that criminal proceeding has been set in motion and as such, this Court may not quash the FIR, which has been lodged against the petitioner. 8. I have gone through the contents of affidavit produced before this Court and also taken into account the statement of learned counsel for the complainant that the parties have entered into compromise and initially FIR was lodged on a wrong assumption that offence was committed by the accused-petitioner. 9. This Court finds that dispute between the parties has already been settled amicably and respondent No.2 does not want to press allegations levelled in FIR against the accused-petitioner. 10. 9. This Court finds that dispute between the parties has already been settled amicably and respondent No.2 does not want to press allegations levelled in FIR against the accused-petitioner. 10. This Court finds that in view of law laid down by the Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in J.T. 2012 (9) SC 426 and in view of facts and circumstances of the case as noted above, it is a fit case wherein the FIR pending against the petitioners can be quashed while exercising the power under Section 482 Cr.PC. 11. Accordingly, the criminal proceedings in respect of FIR No.281/2021 dated 03.05.2021 registered at Police Station Bandikui, District Dausa for offences under Sections 354(D) & 506 of IPC and Section 11/12 of the Act of 2012 is quashed and set aside. 12. The present criminal misc. petition stands allowed.