Rajasthan High Court
Deepak Sharma S/O Shri Murari Lal ... vs State Of Rajasthan on 9 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 770/2021
Deepak Sharma S/o Shri Murari Lal Sharma, Resident Of
30/13/01, Swarn Path, Mansarovar, Jaipur, Rajasthan
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Harshit Agrawal S/o Shri Banwari Lal Agrawal, Resident
Of 84/175, Dhawal Giri Marg, Mansarovar, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Pramod Kumar Sharma
For Respondent(s) : Mr. F.R. Meena, PP
For Complainant : Mr. Himanshu Agnihotri with
Mr. Madan Mohan Navgadha
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
09/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.458/2020 dated
07.09.2020 registered at Police Station Shipra Path, District Jaipur
City (South) for offence under Sections 323, 341 and 427 of I.P.C.
Learned counsel submitted that the FIR in question arises
out of minor scuffle between the parties who are residents of
same village leading to cross FIR also, both not involving any
heinous offence. Relying on the compromise dated 20.01.2021, he
submitted that the matter has been settled amicably between the
parties. The compromise has been verified and attested by the
Registrar (Judl.) of the Rajasthan High Court, Jaipur Bench under
direction of this Court dated 02.02.2021. Referring the judgments
(2 of 2) [CRLMP-770/2021]
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 and not involving any heinous offence, 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.458/2020 dated 07.09.2020 registered at Police
Station Shipra Path, District Jaipur City (South) for offence under
Sections 323, 341 and 427 of I.P.C is quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/107
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