LAWS(RAJ)-2021-10-20

BALVIR SINGH TOMAR Vs. STATE OF RAJASTHAN

Decided On October 05, 2021
Balvir Singh Tomar Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) All these criminal miscellaneous petitions under Sec. 482 CrPC have been filed by the respective parties for quashing the FIR No.662/2018 qua petitioner Dr. Balvir Singh registered at Police Station Amer, District Jaipur for the offence under Ss. 376(2)(M) & 376(2)(x) of IPC, the FIR No.454/2016 qua petitioner Swati Tomar registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Ss. 406, 420, 467, 468, 471 & 120-B of IPC, the FIR No.395/2018 for the offence under Ss. 420, 389, 500 & 120-B of IPC, FIR No.400/2018 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Ss. 420, 467, 468 & 471 of IPC and FIR No.399/2019 registered at Police Station Ashok Nagar, District Jaipur City (South) for the offence under Ss. 384 & 120-B of IPC qua petitioner Neha Khan, the FIR No.399/2019 registered at Police Station Ashok Nagar, District Jaipur City (South) for the offence under Sec. 384 & 120-B of IPC, FIR No.395/2018 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Ss. 420, 389, 500 & 120-B of IPC, FIR No.454/2016 registered at Police Station Chandwaji, District Jaipur (Rural) for the offence under Ss. 406, 420, 467, 468, 471 & 120-B of IPC & FIR No.99/2018 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Ss. 420, 406 & 120-B of IPC qua petitioner Dr. Shobha Tomar, the FIR No.454/2016 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Ss. 406, 420, 467, 468, 471 & 120-B of IPC, FIR No.164/2017 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Sec. 406, 420 & 120-B of IPC and FIR No.99/2018 registered at Police Station Chandwaji, District Jaipur Rural for the offence under Ss. 420, 406 & 120-B IPC qua petitioner Anurag Tomar against them by the complainants/respondents. Since, all these FIRs represent version and cross-version by the respective parties arising out of a series of intertwined transaction and hence, all these petitions are being heard together.

(2.) Learned counsels appearing for the petitioners submitted that the dispute, predominantly of civil and private in nature or arising out of misunderstanding between the parties, has amicably been settled between them. Relying on the compromise deed/affidavits of the respondents/complainants placed on record in each of the petitions, learned counsels referring the judgments of Hon'ble Apex Court of India in cases of Gian Singh v. State of Punjab and Anr. reported in JT 2012 (9) SC-426, Narinder Singh and Ors. v. State of Punjab and Anr. reported in 2014 Cr.L.R. (SC) 351, Saju P.R. v. State of Kerala, 2018 SCC Online Ker 10821 and co-ordinate Bench judgments of this Court in cases of Mubin Khan v. State of Rajasthan in S.B.

(3.) Criminal Appeal No.1302/2020 and Hardik Sharma v. State of Rajasthan in S.B. Criminal Miscellaneous Petition No.6271/2019, submitted that the FIRs and consequential proceedings arising out of the same may be quashed and set aside.