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2023 DIGILAW 2123 (RAJ)

Alok Singh v. State of Rajasthan

2023-11-21

ANIL KUMAR UPMAN

body2023
ORDER : 1. The petitioner-Alok Singh and the complainant-Surbhi Singh (husband and wife respectively) are present in person and have been duly identified by their respective counsel. 2. 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. 146/2023 registered at Police Station Mahila Thana, District Jaipur for the offences punishable under Sections 498A, 406, 323 & 504 of IPC. 3. Learned counsel for the petitioners submits that vide order dated 20.09.2023, the matter was referred to mediation centre for exploring possibility of an amicable settlement. The mediation is successful and both the parties have entered into a compromise in the mediation-proceedings. The mediation report alongwith the compromise has been received from the mediation centre. The same is taken on record. Learned counsel for the petitioners prays that the impugned FIR may be quashed on the basis of compromise entered between the parties before mediation centre. 4. Learned Public Prosecutor and learned counsel for the complainant do not dispute the aforesaid factual position. 5. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the petitioners and the complainant have resolved their dispute and the petitioner-Alok Singh and the complainant-Surbhi Singh (husband and wife respectively) have decided to live separately, this Court is of the view that in order to establish peace and harmony between the petitioners and complainant and in order to let them live peacefully in the future life, 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 v. State of Punjab & Anr. 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. v. Choudhary Bhajan Lal & Ors. AIR 1992 SC 604 and as such, the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties. 6. In view of the above, the criminal misc. petitions are allowed and the FIR No. 146/2023 registered at Police Station Mahila Thana, District Jaipur is quashed and set aside. Consequence to follow. 7. The stay applications also stand disposed of.