VINESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant misc. petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.212/2016, dated 17.05.2016 PS Sumerpur for offences under Sections 498A, 406 and 323 IPC.

(2.) Counsel for the petitioners submits that earlier an FIR has been filed by the respondent-complainant against the petitioners on the same facts in which a compromise has been arrived at between the parties. The respondent-complainant was examined before the trial court and was declared hostile. Thereafter on the basis of the compromise, the petitioner No.1 Vinesh was acquitted by the competent court of law. Counsel submits that this second FIR has been filed on the same facts and prays for quashing of the same. To buttress his contention, the counsel for the petitioners has relied upon the judgment of the Hon'ble Supreme Court in the case of Babubhai and Ors. Vs. State of Gujarat and Ors. [].

(3.) Per contra, learned Public Prosecutor as well as learned counsel for the respondent-complainant submit that after compromise, the respondent-complainant went with the petitioner No.1 and after some time, the petitioners again started cruelty with her and also kept her dowry articles. In these circumstances, this second FIR has been lodged by the respondent-complainant and there is no question of quashing the same looking to the gravity of the offence.