Sriniwas Dubey S/O Kalash Nath ... vs State Of Rajasthan
2021 Latest Caselaw 1785 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1003/2021

Sriniwas Dubey S/o Kalash Nath Dubey, Aged About 43 Years,
R/o 3/S.F. Sector-3, Chitrakut, Vaishali Nagar, Jaipur (Raj.).
                                                           ----Accused-Petitioner
                                     Versus
1.      State   Of     Rajasthan,         Through          The    Learned   Public
        Prosecutor.
                                                                  ----Respondent

2. Abhishek Ghai S/o Late Vijay, R/o 4 Ch 16, Jahawar Nagar, Jaipur.

----Complainant/Respondent

For Petitioner(s) : Mr. Aniket Sharma For Respondent(s) : Mr. F.R. Meena, PP Mr. Tanay Jain

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 FIR No.227/2020 dated

02.09.2020 registered at Police Station Malviya Nagar, District

Jaipur City (East) for offence under Sections 420 & 406 of I.P.C.

Learned counsel for the petitioner submitted that the FIR in

question arises out of private dispute between the parties

predominantly of civil nature. Relying on the compromise attested

by the Notary Public on 17.02.2021, 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) SC-426 & Narinder

(2 of 2) [CRLMP-1003/2021]

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 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.227/2020 dated 02.09.2020 registered at Police

Station Malviya Nagar, District Jaipur City (East) for offence under

Sections 420 & 406 of I.P.C. is quashed.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/176

Powered by TCPDF (www.tcpdf.org)