Citation : 2021 Latest Caselaw 7367 Raj/2
Judgement Date : 8 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7671/2018
Sagar S/o Devlal, Aged About 30 Years, R/o Tapur, Police Station
Chouth Ka Barwara, District Sawaimadhopur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Gyan Chand Jain S/o Shri Harinarayan, R/o Near Badi
Mandir, Tehsil Niwai, District Tonk.
----Respondents
For Petitioner(s) : Mr. B.L. Choudhary. For Respondent(s) : Mr. S.S. Ola, P.P.
For Complainant Mr. Sandeep Jain.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
08/12/2021
1. Instant criminal Miscellaneous petition has been filed under
Section 482 Cr.P.C. for quashing of the First Information Report
No.323/2016 registered at Police Station Niwai District Tonk for
the offence under Sections 420 & 406 of IPC.
2. It is submitted by counsel for the petitioner that the parties
have settled their dispute by way of compromise. Counsel relied
upon the judgment passed by the Hon'ble Supreme Court in the
matter of Gian Singh Vs. State of Punjab & Anr. reported in
2012(10) SCC 303 and prayed that the FIR pending qua the
petitioner be quashed in view of the compromise between the
parties.
(2 of 2) [CRLMP-7671/2018]
3. The respondents No.2 (complainant) along with his counsel
is present in the court and admitted the fact of compromise
between the parties.
4. Learned Public Prosecutor has opposed the petition.
5. Considering the facts and circumstances of the present case
and the fact that the parties have settled their dispute by way of
compromise and also considering the judgment passed by the
Hon'ble Supreme Court in the matter of Gian Singh (supra), the
criminal misc. petition is allowed and the First Information Report
No.323/2016 registered at Police Station Niwai District Tonk, qua
the petitioner is hereby quashed.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J
MG/16
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