Citation : 2021 Latest Caselaw 1549 Raj/2
Judgement Date : 11 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2133/2015
Narpat Singh son of Shri Amar Singh, Resident of B-18/B-10,
Takht-E-Shahi Road, J.L.N. Marg, Jaipur
----Accused-Petitioner
Versus
1.State of Rajasthan through P.P.
----Respondent
2.Shree Chand Jain son of Late Shri Gulab Chand, Resident of House No.1502, Sonthali Walon Ka Rasta, Chaura Rasta, Jaipur
----Complainant-Respondent
For Petitioner(s) : Mr. Deepak Chauhan For Respondent(s) : Mr. F.R. Meena, PP Mr. Rahul Kamwar 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.87/2015 dated 03.03.2015
registered at Police Station Gandhi Nagar, District Jaipur City
(East) for offence under Sections 447, 453 and 406 of IPC.
Learned counsel for the petitioner submitted that the FIR in
question arises out of private dispute between the parties
predominantly of civil nature, not involving any heinous offence.
Relying on the compromise dated 11.02.2021, 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)
(2 of 2) [CRLMP-2133/2015]
SC-426 & Narinder Singh & Ors. versus State of Punjab &
Anr. reported in 2014 Cr.L.R. (SC) 351.
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, 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.87/2015 dated 03.03.2015 registered at Police Station
Gandhi Nagar, District Jaipur City (East) for offence under Sections
447, 453 and 406 of IPC is quashed.
(MAHENDAR KUMAR GOYAL),J
MADAN MEENA /5
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