GAURAV GAUTAM SON OF PRAKASH CHAND v. STATE OF RAJASTHAN
CRLMP/3009/2024 · 2025-01-07
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18766 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18766 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:944] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.3009/2024 Gaurav Gautam S/o Prakash Chand, aged about 42 Years, R/o D- 10 RP Road, Adrash Nagar, New Delhi, Presently R/o 13105 1st Ave Nw, Seattle, Washington 98177, USA. ----Petitioner Versus
1. State of Rajasthan, Through P.P.
2. Sunil Sharma S/o Shri Vishveshwar Nath Sharma, R/o A-9 Vijaypath, Tilak Nagar, Police Station, Adrash Nagar, Jaipur (Rajasthan) ----Respondents For Petitioner(s) : Mr.Rajneesh Gupta with Mr.Heramb Saraswat For Respondent(s) : Mr.Vivek Choudhary, PP Mr.Maneesh Sharma JUSTICE ANOOP KUMAR DHAND
Order 07/01/2025
1. The present criminal misc. petition has been preferred for quashing of the proceedings arising out of the F.I.R. No.242/2015 registered at the Police Station Mahila Thana, Jaipur City (North) for the offence under Sections 174-A and 419 I.P.C.
2.
Learned counsel for the petitioner submits that prior to lodging of the aforesaid case, one F.I.R. No.166/2014 was registered against the petitioner for the offence punishable under Section 498-A, 406, 386, 420, 327 & 120-B I.P.C. Counsel submits that compromise took place between the parties in the aforesaid matter before the Medication Centre on 17.02.2023 and on the basis of the said compromise, the proceedings arising out of the
[2025:RJ-JP:944] (2 of 3) [CRLMP-3009/2024] F.I.R. No.166/2014 registered with Police Station Mahila Thana were quashed and set aside by this Court vide order dated 12.05.2023, while deciding S.B. Criminal Misc. (Petition) No.6831/2018.
3. Counsel submits that in the instant case, the allegation against the petitioner was that he was avoiding his presence in the F.I.R. No.166/2014, hence the subsequent F.I.R. was registered with the present F.I.R. bearing No.242/2015.
4. Counsel submits that once the original matter has been settled between the parties and the proceedings of the earlier F.I.R. have been quashed on the basis of the compromise, the proceedings of the instant case also be quashed and set aside in the light of the said compromise arrived at between the parties.
5. Counsel submits that respondent-complainant has no objection.
6. The respondent-complainant has put in appearance in- person, she has no objection, in case, the proceedings of the instant case are also quashed and set aside. She has been identified by her counsel appear before this Court.
7.
Learned counsel for the parties have placed reliance upon the judgments passed by the Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh Vs. Laxmi Narayan & Ors. reported in 2019 (5) SCC 688.
8. Looking to the above factual aspect of the matter and the proposition of the law, as laid down by the Hon'ble Apex Court in the cases of Gian Singh (supra) and Laxmi Narayan (supra) and looking to the fact that parties have settled their dispute by
[2025:RJ-JP:944] (3 of 3) [CRLMP-3009/2024] entering into compromise before the Mediation Centre of this Court and looking to the fact that the proceedings of earlier F.I.R. No.166/2014 have already been quashed and set aside on the basis of compromise by this Court vide order dated 12.05.2023 while deciding S.B. Criminal Misc. (Petition) No.6831/2018, the instant criminal misc. petition stands allowed and the proceedings arising out of the F.I.R. No.242/2015 registered at the Police Station Mahila Thana under Sections 174-A and 419 I.P.C. stands quashed and set aside. The petitioner is discharged from all the offences.
10. Stay application and all pending application(s), if any, stand
disposed of.
(ANOOP KUMAR DHAND),J Aayush Sharma /303