Citation : 2021 Latest Caselaw 1632 Raj/2
Judgement Date : 15 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 871/2021
1. Narsi S/o Shubram, Aged About 63 Years, Resident Of
Ramsinghpura, Police Station Sahajhapur, District Alwar.
2. Pawan S/o Shubram, Aged About 56 Years, Resident Of
Ramsinghpura, Police Station Sahajhapur, District Alwar.
3. Sumitra S/o Narsi, Aged About 29 Years, Resident Of
Ramsinghpura, Police Station Sahajhapur, District Alwar.
4. Beena W/o Pawan, Resident Of Ramsinghpura, Police
Station Sahajhapur, District Alwar.
5. Aditya (Minor) Through Natural Guardian His Father Narsi
S/o Shubram, Aged About 16 Years, Resident Of
Ramsinghpura, Police Station Sahajhapur, District Alwar.
----Accused/Petitioners
Versus
1. State Of Rajasthan, Through Its Public Prosecutor.
2. Sunder S/o Subash Chand, R/o Ramsinghpura, Police
Station Sahajhapur, District Alwar.
----Complainant/Respondent
For Petitioner(s) : Mr. Sumit Khandelwal For Respondent(s) : Mr. F.R. Meena, PP Mr. Vineet Dixit
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
15/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.243/2020 dated
04.09.2020 registered at Police Station Sahajhapur, (Police District
Bhiwadi) District Alwar for offence under Sections 143, 341, 323 &
427 of I.P.C. and later on for the offence under Sections 148, 149,
324, 325, 326 & 308 of I.P.C.
(2 of 3) [CRLMP-871/2021]
Learned counsel for the petitioners submitted that the FIR in
question arises out of a minor dispute between the parties, who
are neighbors, leading to cross FIR and does not involve any
heinous offence. Relying on the compromise dated 20.01.2021,
he submitted that since the matter has amicably been 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 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 is
quashed.
Heard the learned counsels for the parties and perused the
record.
A perusal of the material on record shows that the dispute
between the parties has amicably been settled by them on the
basis of compromise. In view of compromise between the parties
and the law laid down by the Hon'ble Supreme Court 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.243/2020 dated 04.09.2020 registered at Police
Station Sahajhapur, (Police District Bhiwadi), District Alwar for
offence under Sections 143, 341, 323 & 427 of I.P.C. and later on
(3 of 3) [CRLMP-871/2021]
for the offence under Sections 148, 149, 324, 325, 326 & 308 of
I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/155
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