Citation : 2021 Latest Caselaw 1353 Raj/2
Judgement Date : 8 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3276/2020
Goverdhan Meena S/o Sh. Lalu Ram Meena, R/o Dayal Colony,
Near Khadi Gramodyog, Bassi, Distt. Jaipur.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Smt. Ram Payri Devi W/o Ram Sahay, R/o Hasanpura B,
Plot No. 43, Raigaron Ka Mohalla, Krishna Puri Colony,
Jaipur.
----Respondents
For Petitioner(s) : Mr. Rajesh Goswami For Respondent(s) : Mr. F.R. Meena, PP Mr. Nirmal Kumar Gujar for complainant(s)
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
08/02/2021 This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.134/2016 dated
14.03.2016 registered at Police Station Bassi, District Jaipur Rural
for offence under Sections 420, 467, 468 and 471 read with
Section 120B of IPC.
Learned counsel for the petitioner submitted that the FIR in
question arises out of private dispute between the parties
predominantly of civil nature. Relying on the compromise dated
09.09.2020 (taken on record), he submitted that since the matter
has been compromised 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 of Gian Singh versus State of Punjab &
(2 of 2) [CRLMP-3276/2020]
Anr. reported in JT 2012 (9) SC-426 & Narinder Singh & Ors.
versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC)
Learned Public Prosecutor opposed the criminal misc.
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 and predominantly of civil 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 quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.134/2016 dated 14.03.2016 registered at Police
Station Bassi, District Jaipur Rural for offence under Sections 420,
467, 468 and 471 read with Section 120B of IPC is quashed.
(MAHENDAR KUMAR GOYAL),J
MADAN MEENA /35
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