Rajasthan High Court
Suresh Meena Son Of Shri Chhagan ... vs State Of Rajasthan on 17 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1106/2021
1. Suresh Meena Son Of Shri Chhagan Lal, Resident Of
Village Mungena, Police Station Itawa, District Kota
(Rajasthan).
2. Dhanraj Meena Son Of Shri Chhagan Lal, Resident Of
Village Mungena, Police Station Itawa, District Kota
(Rajasthan).
3. Hari Shankar Meena Son Of Shri Dhanraj, Resident Of
Kotsuwa Meena Mohalla, Deegod Police Station Sultanpur,
District Kota (Rajasthan). Presently Residing At House No.
145, Shakti Nagar, Police Station Kishorepura, District
Kota (Rajasthan).
4. Rati Ram Meena Son Of Shri Kedar Lal, Resident Of
Village Shripura, Near Temple, Police Station Ayana,
District Kota (Rajasthan).
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
........Respondent
2. Shri Chetan Kumar Meena Son Of Late Shri Giriraj Prasad,
Resident Of Khatoli Road, Itawa, Pipalda, Itawa, District
Kota Rural (Rajasthan).
----Complainant-Respondent
For Petitioner(s) : Mr. Virender Godara
For Respondent(s) : Mr. F.R. Meena, PP
For Complainant : Mr. Khizer Iqbal Khan
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
17/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceeding in the criminal
case No.2836/2019, State Vs. Suresh & Ors. pending in the Court
(2 of 3) [CRLMP-1106/2021]
of learned Additional Chief Judicial Magistrate No.7, Kota arising
out of FIR No.0239/2017 dated 10.05.2017 registered at Police
Station Nayapura, District Kota for offence under Sections 420,
467, 468, 471 and 120-B of I.P.C.
Learned counsel for the petitioners submitted that the FIR in
question arises out of private dispute predominantly of civil nature
among the family members. Relying on the affidavit of the
complainant attested by Notary Public on 02.02.201, he submitted
that since the matter has been settled amicably 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 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 criminal proceeding
pending against the petitioners 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 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 criminal proceeding pending against
the petitioners.
(3 of 3) [CRLMP-1106/2021]
Resultantly, this criminal miscellaneous petition is allowed.
The criminal proceeding in the criminal case No.2836/2019, State
Vs. Suresh & Ors. pending in the Court of learned Additional Chief
Judicial Magistrate No.7, Kota arising out of FIR No.0239/2017
dated 10.05.2017 registered at Police Station Nayapura, District
Kota for offence under Sections 420, 467, 468, 471 and 120-B of
I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/308
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