Rajesh Sharma S/O Shri Ram Gopal ... vs State Of Rajasthan
2021 Latest Caselaw 1481 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 3555/2020

Rajesh Sharma S/o Shri Ram Gopal Sharma, R/o Kheda,
Jagannathpura, Shivdaspura, Jaipur City (South), Raj.
                                                          ----Accused-Petitioner
                                    Versus
1.      State of Rajasthan, Through PP
                                                                 -----Respondent

2. Ramswaroop Jagga S/o Shri Ladhuram Jagga, R/o Gram Kheda Jagannathpura, Shivdaspura, Distt. Jaipur City (South), Raj.

----Complainant/Respondent

For Petitioner(s) : Mr. Atul Kumar Jain For Respondent(s) : Mr. F.R. Meena, PP Mr. Rajendra Singh Tanwar for complainant(s)

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.219/2020 dated

17.05.2020 registered at Police Station Shivdaspura, District

Jaipur City (South) for offence under Section 308 of IPC.

Learned counsel submitted that the FIR in question arises

out of trifle incident between the parties who are neighbours,

leading to cross FIRs none involving any heinous offence. Relying

on the compromise dated 07.07.2020, he submitted that the

matter has amicably been settled between the parties. Referring

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)

(2 of 2) [CRLMP-3555/2020]

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,

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.219/2020 dated 17.05.2020 registered at Police

Station Shivdaspura, District Jaipur City (South) for offence under

Section 308 of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /74

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