HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3836/2020
Dharmendra Kumar S/o Shri Ramesh Chand, Aged About 28
Years, R/o Village Virar, PS Kaman, Distt. Bharatpur.
----Accused/Petitioner
Versus
1. State Of Rajasthan, Through PP
----Respondent
2. Kapil Vashishath W/o Sh. Shiv Hare Vashishath, Aged About 45 Years, R/o Kaman, PS Kaman, Distt. Bharatpur.
----Complainant-Respondent For Petitioner(s) : Mr. Raj Kumar Goyal, through VC For Respondent(s) : Mr. Laxman Meena, P.P.
Mr. Sumit Khandelwal, for complainant, through VC HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 01/07/2021 This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing of FIR No.389/18 registered at Police Station Kaman, District Bharatpur for the offence under Section(s) 153A & 354A IPC and under Section(s) of 66A & 67 of Information Technology Act, 2008.
Learned counsel for the petitioner submitted that the FIR in question involves dispute arising out of minor misunderstanding between the parties which has been amicably settled between them. Learned counsel submitted that till date no charge sheet has been filed. Relying on the judgment of the Hon'ble Supreme Court in Gian Singh versus State of Punjab & Anr. reported in JT 2012 (9) SC-426 & Narinder Singh & Ors. versus State of (Downloaded on 01/07/2021 at 09:15:52 PM) (2 of 2) [CRLMP-3836/2020] Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351., he submitted that the FIR in question be quashed.
Learned Public Prosecutor has opposed the criminal miscellaneous petition.
Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if the FIR in question is quashed.
Heard learned counsels for the parties and perused the record.
From the material on record, it is apparent that the dispute has amicably been settled between the parties vide compromise (Annexure-3) dated 26.08.2018. In view of compromise between the parties and the law laid down by the Hon'ble Supreme Court in case of Gian Singh (supra) & Narinder Singh (supra), this Court deems it just and proper to quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.389/18 registered at Police Station Kaman, District Bharatpur for the offence under Section(s) 153A & 354A IPC and under Section(s) of 66A & 67 of Information Technology Act, 2008 is quashed.
(MAHENDAR KUMAR GOYAL),J DANISH USMANI /18 (Downloaded on 01/07/2021 at 09:15:52 PM) Powered by TCPDF (www.tcpdf.org)