Rajasthan High Court
Dharam Singh @ Devendra Son Of Shri ... vs State Of Rajasthan on 10 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 914/2021
1. Dharam Singh @ Devendra Son Of Shri Fateh Singh, R/o
Fateh Sagar, Sirohi, District Sikar (Raj.).
2. Simbhu Singh Shekhawat Son Of Chhitar Singh, R/o
Mahadev Nagar, Govindpura, Kalwar Road, Jhotwara,
Jaipur (Raj.)
3. Sanjeev Yadav Son Of Sultan Singh Yadav, R/o Dhani
Heerla, Naya Nagar, Govindpura, Sikar (Raj.)
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
...........Respondent
2. Neha Kanwar D/o Kiran Singh Rathore, R/o Jahota Bada
Gaon, Chomu, Police Station Chomu, District Jaipur.
----Complainant-Respondent
For Petitioner(s) : Mr. Vikas Saini
For Respondent(s) : Mr. F.R. Meena, PP
For Complainant : Mr. Basant Singh Rathore
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.333/2020 dated
20.12.2020 registered at Police Station Kalwar, District Jaipur City
(West) for offence under Sections 365 and 382 of I.P.C. and
consequential criminal proceedings.
Learned counsel submitted that the minor matrimonial
dispute between the petitioners' friend-Balveer and complainant
has been given colour of criminal case; although, not involving
any heinous offence. Relying on the compromise dated
24.12.2020, he submitted that the matter has amicably been
(2 of 2) [CRLMP-914/2021]
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) SC-426 & Narinder
Singh & Ors. versus State of Punjab & Anr. reported in 2014
Cr.L.R. (SC) 351, he prayed that FIR in question and
consequential criminal proceedings 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 and
consequential criminal proceedings are 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.333/2020 dated 20.12.2020 registered at Police
Station Kalwar, District Jaipur City (West) for offence under
Sections 365 and 382 of I.P.C. and consequential criminal
proceedings are quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/128
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