Rajasthan High Court
Abhimanyu @ Guddu S/O Shri Kailash ... vs State Of Rajasthan on 11 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 626/2021
1. Abhimanyu @ Guddu S/o Shri Kailash Babu, Aged About
32 Years, R/o Manpura, P.S. Chandwaji, District Jaipur,
Rajasthan.
2. Rajesh Kumar S/o Late Shri Ramchand, Aged About 32
Years, R/o Shyampura, P.S. Virat Nagar, District-Jaipur
Rural.
----Accused-Petitioners
Versus
1. State of Rajasthan, Through PP
2. Pankaj Sain S/o Shri Ramjilal, Aged About 25 Years, R/o
Peelwa, P.S. Chandwaji, Tehsil-Amer District-Jaipur,
Rajasthan.
----Complainant/Respondents
For Petitioner(s) : Mr. Hemant Kumar Sharma
For Respondent(s) : Mr. F.R. Meena, P.P.
Mr. Bhoopendra Singh Maderna,
Mr. Rajendra Kumar, Acting S.H.O,
P.S- Chandwaji
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
11/02/2021
In pursuance of direction of this Court dated 10.02.2021,
affidavit dated 11.02.2021 has been filed by Mr. Rajendra Kumar,
S.I., Police Station Chandwaji, Jaipur (Rural), holding charge of
Station House Officer. The affidavit is taken on record. The
explanation furnished in the affidavit for non-compliance of the
direction of this Court is found to be satisfactory.
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.03/2021 dated 01.01.2021
(2 of 3) [CRLMP-626/2021]
registered at Police Station Chandwaji, District Jaipur (Rural) for
offence under Section(s) 323, 341 & 379 of I.P.C.
Learned counsel submitted that the FIR in question arises
out of a dispute on a trifle incident between the parties, private in
nature not involving any heinous offence. Relying on the affidavit
of the complainant dated 12.01.2021, 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; but, on the basis of status report,
submitted that the petitioner has no criminal antecedents.
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 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.
(3 of 3) [CRLMP-626/2021]
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.03/2021 dated 01.01.2021 registered at Police Station
Chandwaji, District Jaipur (Rural) for offence under Section(s)
323, 341 & 379 of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
DANISH USMANI /221
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