Citation : 2021 Latest Caselaw 1531 Raj/2
Judgement Date : 11 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1175/2021
1. Ranglal Son Of Ramjilal, R/o Pratappura, Tehsil Baswa,
District Dausa (Raj).
2. Sachin Son Of Meethalal, R/o Pratappura, Tehsil Baswa,
District Dausa (Raj).
3. Praveen Son Of Meethalal, R/o Pratappura, Tehsil Baswa,
District Dausa (Raj).
4. Visram Son Of Ranglal, R/o Pratappura, Tehsil Baswa,
District Dausa (Raj).
5. Pyare Lal @ Pyar Singh Son Of Ranglal, R/o Pratappura,
Tehsil Baswa, District Dausa (Raj).
----Petitioners
Versus
1. State Of Rajasthan, Through The P.p.
2. Girraj Prasad Bairwa Son Of Ranglal Bairwa, R/o
Shyamsinghpura, Kolwa, P.s. Sikandara, District Dausa.
3. Ramkaran Son Of Shri Ramkishore, R/o Shyamsinghpura,
Kolwa, P.s. Sikandara, District Dausa.
4. Mohanlal Son Of Shri Ramkishore, R/o Shyamsinghpura,
Kolwa, P.s. Sikandara, District Dausa.
----Respondents
For Petitioner(s) : Mr. Jiya Ur Rahman For Respondent(s) : Mr. F.R. Meena, PP For Complainant : Mr. Mohd. Zuber
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
11/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.456/2020 dated
10.11.2020 registered at Police Station Sikandara, District Dausa
for offence under Sections 143, 341, 323 of I.P.C. and Sections
(2 of 3) [CRLMP-1175/2021]
3(1) (r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
Learned counsel for the petitioner submitted that the FIR in
question arises out of a minor dispute between the parties, not
involving any heinous offence. Relying on the compromise
attested on 06.02.2021, he submitted that since the matter has
amicably been settled 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.
versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC)
351.
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 quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.456/2020 dated 10.11.2020 registered at Police
Station Sikandara, District Dausa for offence under Sections 143,
(3 of 3) [CRLMP-1175/2021]
341, 323 of I.P.C. and Sections 3(1) (r) and 3(1)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 is quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/230
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