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Hawa Singh S/O Sardara Ram vs State Of Rajasthan
2021 Latest Caselaw 1480 Raj/2

Citation : 2021 Latest Caselaw 1480 Raj/2
Judgement Date : 10 February, 2021

Rajasthan High Court
Hawa Singh S/O Sardara Ram vs State Of Rajasthan on 10 February, 2021
Bench: Mahendar Kumar Goyal
                                      (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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