Hemraj Sharma S/O Late Shri ... vs State Of Rajasthan

Citation : 2021 Latest Caselaw 5600 Raj/2
Judgement Date : 5 October, 2021

Rajasthan High Court
Hemraj Sharma S/O Late Shri ... vs State Of Rajasthan on 5 October, 2021
Bench: Mahendar Kumar Goyal
     HIGH COURT OF JUDICATURE FOR RAJASTHAN
                 BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 6315/2021

1.   Hemraj Sharma S/o Late Shri Shambhu Dayal Sharma,
     Aged About 48 Years, Resident Of Plot No. 194, Green
     Park, Dadi Ka Phatak, Benar Road, Jaipur ( Raj.)
     Presenltly Residing At Plot No. 19 Green Park Vistar,
     Benaar Road Jaipur ( Raj.)
2.   Santosh Sharma S/o Late Shri Shambhu Dayal Sharma,
     Aged About 44 Years, Resident Of Plot No. 194, Green
     Park, Dadi Ka Phatak, Benar Road, Jaipur ( Raj.)
     Presenltly Residing At Plot No. 19 Green Park Vistar,
     Benaar Road Jaipur ( Raj.)
3.   Smt. Mamta Sharma W/o Shri Satyanarayan Sharama
     D/o Shambhu Dayal Sharma, Aged About 40 Years,
     Resident Of Plot No. 13 Brij Vatika, Benar Road, Jaipur
     ( Raj.)
4.   Smt. Chandr Kanta Sharma W/o Shri Satyanarayan
     Sharma D/o Shambhu Dayal Sharma, Aged About 49
     Years, Resident Of Plot No. 114, Khatiyon Ka Mohalla,
     Nangal Jaisa Bohara, Jaipur ( Raj.)
5.   Smt. Sunita Sharma W/o Tikam Chand Sharma, Aged
     About 45 Years, Resident Of Plot No. 194, Green Park,
     Dadi Ka Phatak, Benar Road, Jaipur ( Raj.) Presenltly
     Residing At Plot No. 19 Green Park Vistar, Benaar Road
     Jaipur ( Raj.)
6.   Rohit Sharma S/o Shri Tikam Chand Sharma, Aged About
     24 Years, Resident Of Plot No. 194, Green Park, Dadi Ka
     Phatak, Benar Road, Jaipur ( Raj.) Presenltly Residing At
     Plot No. 19 Green Park Vistar, Benaar Road Jaipur ( Raj.)
7.   Gourav Sharma S/o Shri Tikam Chand Sharma, Aged
     About 21 Years, Resident Of Plot No. 194, Green Park,
     Dadi Ka Phatak, Benar Road, Jaipur ( Raj.) Presenltly
     Residing At Plot No. 19 Green Park Vistar, Benaar Road
     Jaipur ( Raj.)
8.   Anil Kumar Choudhary S/o Shri Ramkaran Choudhary,
     Aged About 36 Years, Resident Of Plot No. 195, Green
     Park, Dadi Ka Phatak, Benar Road, Jaipur ( Raj.)
                                                             ----Petitioners
                                Versus

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                                        (2 of 3)                    [CRLMP-6315/2021]


1.     State Of Rajasthan, Through Public Prosecutor., Raj High
       Court Jaipur Bench Jaipur.
2.     Smt. Rekha Badhara(Sharma) W/o Shri Santosh Badhara,
       Aged About 46 Years, Resident Of Plot No. Ga-87,
       Bhawani Nagar, Murlipura Sikar Road, Jaipur ( Raj.)
3.     The Station House Officer, Police Station Kardhani, Jaipur
       (West) Jaipur Metro, Jaipur.
                                                                  ----Respondents

For Petitioner(s) : Mr. Vipul Kumar Jaiman For Respondent(s) : Mr. Prashant Sharma, PP Mr. Kamal Kant Sharma for complainant HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 05/10/2021 This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.533/2021 registered at Police Station Kardhani, District Jaiupr(West) for offence under Sections 420, 406 & 120-B of IPC.

Learned counsel for the petitioners, relying upon the compromise deed dated 26.09.2021 executed in between the parties, submitted that the dispute, predominantly of civil and private in nature, has amicably been settled between them. 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.

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(3 of 3) [CRLMP-6315/2021] The complainant present in person alongwith her counsel acknowledging the factum of compromise between the parties, submitted that she has no objection if the FIR in question is quashed.

Heard the learned counsels for the parties and perused the record.

A perusal of the material on record shows that the dispute, predominantly of civil and private in nature, has amicably been settled between the parties. In view thereof 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 quash the FIR in question.

Resultantly, this criminal miscellaneous petition is allowed qua the petitioners. The FIR No.533/2021 registered at Police Station Kardhani, District Jaiupr(West) for offence under Sections 420, 406 & 120-B of IPC is quashed.

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