Kailash Chand S/O Late Sh. ... vs State Of Rajasthan
2021 Latest Caselaw 1548 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 4601/2019

1.      Kailash Chand S/o Late Sh. Bhanaram, R/o Village
        Hamirwas, Police Station Baggad, District Jhunjhunu, At
        Present R/o D-4, Rathi Nagar, PS Mansarovar, Jaipur.
2.      Dinesh Chand Sharma S/o Sh. Shankar Lal Sharma, R/o
        64, Golyawas, Teh Sanganer, Jaipur.
                                                        ----Accused-Petitioners
                                    Versus
1.      State of Rajasthan, Through PP.
                                                                 ---Respondent

2. Amar Singh S/o Sh. Gurgaram, R/o 37/157, Jadon Nagar-

A, Maharani Farm Durgapura, Jaipur.

----Complainant/Respondent

For Petitioner(s) : Mukesh Kumar Agarwal For Respondent(s) : Mr. F.R. Meena, PP Mr. Ram Niwas Saini on behalf of Mr. Anurag Shukla for complainant

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.502/2018 dated

02.07.2018 registered at Police Station Shipra Patha, District

Jaipur City (South) for offence under Sections 419, 420, 406 and

120-B of IPC.

Learned counsel for the petitioners submitted that the FIR in

question arises out of private dispute between the parties

predominantly of civil nature. Relying on the compromise dated

04.09.2020, he submitted that since the matter has amicably

been settled between the parties, the FIR in question is liable to

(2 of 2) [CRLMP-4601/2019]

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)

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 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.502/2018 dated 02.07.2018 registered at Police

Station Shipra Patha, District Jaipur City (South) for offence under

Sections 419, 420, 406 and 120-B of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /14

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