Citation : 2021 Latest Caselaw 1480 Raj/2
Judgement Date : 10 February, 2021
(1 of 2) [CRLMP-6267/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6267/2020
Hawa Singh S/o Sardara Ram, Aged About 57 Years, R/o Village
Post Office Raipur Jatan Tehsil Buhana Distt. Jhunjhunu Raj.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through Its Public Prosecutor At
Rajasthan High Court Bench At Jaipur.
2. Shri Ramkishan S/o Shri Chandan Kumar, R/o Kushal Pura
Tehsil Surajgarh Distt. Jhunjhunu Raj.
----Complainant/Respondents
For Petitioner(s) : Mr. Rohitash Kumar Verma For Respondent(s) : Mr. F.R. Meena, PP Mr. Rajendra Singh
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
10/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.500/2019 dated
22.08.2019 registered at Police Station Chirawa, District
Jhunjhunu for offence under Section 420 & 406 of I.P.C.
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 attested
on 11.08.2020, 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 & Anr.
reported in JT 2012 (9) SC-426 & Narinder Singh & Ors.
(2 of 2) [CRLMP-6267/2020]
versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC)
351. The Registrar (Judicial) has verified and attested the
compromise under direction of this Court dated 01.02.2021.
Learned Public Prosecutor has 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 predominantly of civil nature, has amicably
been settled between the parties. In view of compromise attested
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.500/2019 dated 22.08.2019 registered at Police
Station Chirawa, District Jhunjhunu for offence under Section 420
& 406 of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/162
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