HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3245/2021
Naresh Pal Devaniya S/o Shri Babu Lal, Aged About 34 Years,
R/o 280, Harijan Mohalla, Village Dada Fatehpur, Police Station
Khetri, District Jhunjhunu, Rajasthan.
----Petitioner/Accused
Versus
1. State Of Rajasthan, Through Public Prosecutor.
Respondent
2. Archana Prasad W/o Kundan Prasad, R/o House No. 09, Sector-07, Rhb Colony, Bhiwadi, Alwar, Rajasthan.
----Respondent/Complainant For Petitioner(s) : Ms. Apeksha Tiwari through VC For Respondent(s) : Mr. F.R. Meena, P.P.
Mr. Durgesh Tanwar through VC HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 02/07/2021 This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.32/2021 dated 23.03.2021 registered at Police Station Mahila Thana, Bhiwadi, Police District Bhiwadi for offence under Section 456, 354, 506 & 509 IPC and criminal proceeding arising out in pursuance thereof.
Learned counsel for the petitioner submitted that the FIR in question arises out of minor dispute between the parties who are well known to each other and does not involve any heinous offence. Relying on the compromise dated 04.05.2021, he submitted that since the matter has amicably been settled between the parties, the FIR in question is liable to be quashed in view of the judgments of the Hon'ble Apex Court of India in cases (Downloaded on 02/07/2021 at 09:31:55 PM) (2 of 2) [CRLMP-3245/2021] of Gian Singh versus State of Punjab & Anr. reported in JT 2012 (9) SC-426 & Narinder Singh & Ors. versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351.
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 and criminal proceeding arising out in pursuance thereof are quashed.
Heard the learned counsels for the parties and perused the record.
A perusal of the material on record shows that the minor dispute between the parties has amicably been settled by them on the basis of compromise. In view of compromise between the parties and the law laid down by the Hon'ble Supreme Court in cases of Gian Singh (Supra) & Narinder Singh (supra), this Court deems it just and proper to quash the FIR in question and criminal proceeding arising out in pursuance thereof.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.32/2021 dated 23.03.2021 registered at Police Station Mahila Thana, Bhiwadi, Police District Bhiwadi for offence under Section 456, 354, 506 & 509 IPC and criminal proceeding arising out in pursuance thereof are quashed.
(MAHENDAR KUMAR GOYAL),J Manish/51 (Downloaded on 02/07/2021 at 09:31:55 PM) Powered by TCPDF (www.tcpdf.org)