Rajasthan High Court
Prem Vyas S/O Shri Ghanshyam Vyas vs State Of Rajasthan on 8 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6320/2020
Prem Vyas S/o Shri Ghanshyam Vyas, R/o Hanumant Tower,
Sector No. 2, Vidhyadhar Nagar, Jaipur.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Victim, D/o Shri Pawan Kumar Ruthla, Aged 27 years, R/o
Ward No.15, Opposite Tharda Balaji, Pilani, Tehsil
Surajgarh, District Jhunjhunu (Raj.)
----Claimant-Respondent
For Petitioner(s) : Mr. Swadeep Singh Hora
For Respondent(s) : Mr. Laxman Meena, PP
Mr. Hemant Gurjar for
Mr. Mamraj Jat
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
08/02/2021
For the reasons stated in the application No.1/2021, the
same is allowed.
The compromise dated 04.01.2021 is taken on record.
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.334/2020 dated
19.11.2020 registered at Police Station Vidyadhar Nagar, District
Jaipur City (North) for offence under Sections 323, 341, 354(C),
376, 376(2)(F), 384, 120-B of I.P.C. and Sections 67 & 67-A of
Information Technology (Amended Act), 2008.
Relying on the compromise dated 04.01.2021, learned
counsel submitted that now the dispute has amicably been settled
(2 of 3) [CRLMP-6320/2020]
between the parties and the complainant does not want to
prosecute the matter further. Referring the judgments of 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 & Saju P.R. Vs. State of Kerala, 2018 SCC
Online Ker 10821 and co-ordinate Bench judgments of this
Court in cases of Mubin Khan Vs. State of Rajasthan in S.B.
Criminal Appeal No.1302/2020 & Hardik Sharma Vs. State
of Rajasthan in S.B. Criminal Miscellaneous Petition
No.6271/2019, he prayed for quashing the instant FIR.
Learned Public Prosecutor opposed the criminal
miscellaneous petition.
Learned counsel for the complainant alongwith complainant
present in person 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 perusal of the contents of compromise dated
04.01.2021, it is apparent that the parties have settled their
dispute amicably and the complainant does not want to prosecute
the matter further against the petitioner. 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) & Saju P.R. (supra),
and co-ordinate Bench judgments of this Court in cases of Mubin
Khan (supra) & Hardik Sharma (supra), this Court deems it
just and proper allow this criminal miscellaneous petition.
(3 of 3) [CRLMP-6320/2020]
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.334/2020 dated 19.11.2020 registered at Police
Station Vidyadhar Nagar, District Jaipur City (North) for offence
under Sections 323, 341, 354(C), 376, 376(2)(F), 384, 120-B of
I.P.C. and Sections 67 & 67-A of Information Technology
(Amended Act), 2008 is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/17
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