HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5215/2021
1. Shankar Lal Son Of Sh. Chunilal, Resident Of Near
Irrigation Department, RTO Road, Udhyog Nagar,
(Rajasthan).
2. Ahok Kumar Son Of Sh. Rameshwar Lal, Resident Of
Village And Post Lalasi, Via Khuri Badi, Tehsil
Lachmangarh, District Sikar (Rajasthan).
3. Prahalad Rai Son Of Daluram, Resident Of Village And
Post Dantru, Tehsil Fatehpur, District Sikar (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
-----Non-Petitioner
2. Prakash Chand Son Of Sh. Chunilal, Resident Of Near
Irrigation Department, Rto Road, Udhyog Nagar,
(Rajasthan).
----Complainant/Victim/Respondent
For Petitioner(s) : Mr. Amit Singh Shekhawat For Respondent(s) : Mr. F.R. Meena, PP Mr. Yash Tiwari for complainant(s) HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 04/10/2021 This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.451/2021 dated 25.07.2021 registered at Police Station Udhyog Nagar, District Sikar for offence under Sections 341, 323, 365, 504, 506 & 34 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned counsel submitted that the FIR in question arises out of some misunderstanding between the parties who are brothers. Relying on the compromise dated 16.08.2021 executed (Downloaded on 04/10/2021 at 11:09:57 PM) (2 of 2) [CRLMP-5215/2021] by the complainant, he submitted that the matter has amicably been settled between the parties. Referring the judgments of the Hon'ble Apex Court of India in cases 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, he prayed that FIR in question be quashed.
Learned Public Prosecutor 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 the learned counsels for the parties and perused the record.
From the material on record, it is apparent that the dispute, private in nature, has amicably been settled between the parties. In view of compromise and the law laid down by the Hon'ble Apex Court of India in cases of Gian Singh (supra) & Narinder Singh (supra), this Court deems it just and proper to allow this criminal miscellaneous petition.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.451/2021 dated 25.07.2021 registered at Police Station Udhyog Nagar, District Sikar for offence under Sections 341, 323, 365, 504, 506 & 34 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is quashed.
(MAHENDAR KUMAR GOYAL),J MADAN/83 (Downloaded on 04/10/2021 at 11:09:57 PM) Powered by TCPDF (www.tcpdf.org)