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2021 DIGILAW 358 (RAJ)

Victim-A v. State of Rajasthan

2021-02-11

MAHENDRA KUMAR GOYAL

body2021
JUDGMENT : Mahendra Kumar Goyal, J. 1. This criminal miscellaneous petition u/Sec. 482 Cr.P.C. has been filed for quashing the FIR No. 557/2020 registered at Police Station Udhog Nagar, District Kota for offence u/Secs. 376-D, 323 & 506 of IPC. 2. Learned counsel for the petitioner submitted that the instant FIR was lodged by the petitioner against her husband under misconception of fact and now, she does not want to prosecute the matter further against him. 3. Relying on the judgments of the Hon'ble Apex Court of India in cases of Gian Singh vs. State of Punjab & Anr. reported in JT 2012 (9) SC 426 : 2013 (4) RLW 3573, Narinder Singh & Ors. vs. State of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 & Saju P.R. vs. State of Kerala and co-ordinate Bench judgments of this Court in cases of Mubin Khan vs. State of Rajasthan in S.B. Criminal Appeal No. 1302/2020 & Hardik Sharma vs. State of Rajasthan in S.B. Criminal Miscellaneous Petition No. 6271/2019, learned counsel for the petitioner prayed for quashing the FIR in question. 4. The petitioner is present in person and has stated that she does not want to prosecute the matter further against her husband-the accused in FIR in question. 5. Learned Public Prosecutor opposed the criminal miscellaneous petition. 6. Heard the learned counsels for the parties and perused the record. 7. Since the dispute has amicably been settled between the parties and the petitioner/complainant does not want to prosecute the matter further against her husband, in view of the law laid down by the Hon'ble Apex Court of India in cases 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 quash the FIR in question. 8. Resultantly, this criminal miscellaneous petition is allowed. The FIR No. 557/2020 registered at Police Station Udhog Nagar, District Kota for offence under Sections 376-D, 323 & 506 of IPC is quashed.