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2022 DIGILAW 1940 (RAJ)

Sarvjeet Singh v. State of Rajasthan

2022-07-04

DINESH MEHTA

body2022
ORDER 1. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No.57/2019 dated 16.05.2019 registered at Police Station Gajsinghpur, District Sri Gangangar for the offences punishable under Sections 420, 467, 468, 471, 193 & 120-B of IPC. 2. Learned counsel for the petitioners submits that during pendency of the investigation, the petitioners have entered into a compromise with the complainant (wife of petitioner No.2) and the written compromise has been placed before the Investigating Officer, who has verified the same and thus, the FIR in question be quashed in exercise of inherent jurisdiction of this Court. 3. Mr. Gaurav Singh, learned Public Prosecutor submits that Investigating Officer is about to file charge-sheet, having found an offence having been committed by the petitioners. 4. Learned counsel for the complainant, while accepting factum of compromise having taken place between the parties, submits that complainant (wife of petitioner No.2) has no objection, if the FIR in question and proceedings are quashed. 5. Having regard to the facts and circumstances of the case and considering that petitioner No.2 and complainant are husband and wife and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the parties have resolved their dispute and also finding that the present case is wholly covered by the principle of law laid down by Hon’ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ], the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties. 6. In view of the above, this criminal misc. petition is allowed and the FIR No.57/2019 registered at Police Station Gajsinghpur, District Sri Gangangar is quashed and set aside. Consequence to follow. 7. The stay application also stands disposed of.