Rahul Agarwal S/O Mr. Kishore ... vs State Of Rajasthan
2021 Latest Caselaw 1786 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 946/2021

1.     Rahul Agarwal S/o Mr. Kishore Agarwal, Aged About 27
       Years, Director At Jalna Siddhivinayak Alloys Private
       Limited Having Office At Plot No. 4/1/2 Additional Midc
       Jalna, Maharashtra.
2.     Sanjay Agarwal S/o Mr. Chandra Prakash Agarwal, Aged
       About 53 Years, Director At Jalna Siddhivinayak Alloys
       Private Limited Having Office At Plot No. 4/1/2 Additional
       Midc Jalna, Maharashtra.
3.     Rajesh Agarwal S/o Mr. Om Prakash Agarwal, Aged About
       48 Years, Director At Jalna Siddhivinayak Alloys Private
       Limited Having Office At Plot No. 4/1/2 Additional Midc
       Jalna, Maharashtra.
4.     Sunil Agarwal S/o Mr. Radhakrishna Agarwal Agarwal,
       Aged About 48 Years, Director At Jalna Siddhivinayak
       Alloys Private Limited Having Office At Plot No. 4/1/2
       Additional Midc Jalna, Maharashtra.
                                                                   ----Petitioners
                                    Versus
1.     State Of Rajasthan, Through Public Prosecutor.
2.     Rajesh Kabra S/o Late Shir Mishri Lal Kabra, Aged About
       25   Years,    R/o      409,     Alankar        Plaza,    Central   Spine,
       Vidhyadhar Nagar, Jaipur.
                                                                 ----Respondents

Connected With S.B. Criminal Miscellaneous (Petition) No. 6185/2020 Anand Agarwal S/o Mr. Gopal Agarwal, Aged About 32 Years, R/o Rukhminis Roopam Nagar Mantha Choufuli Jalna Maharashtra Director At Jalna Siddhivinayak Alloys Private Limited

----Accused-Petitioner Versus

1. State Of Rajasthan, Through PP

2. Rajesh Kabra S/o Late Shri Mishri Lal Kabra, aged about 25 years, R/o 409 Alankar Plaza Central Spine Vidhyadhar Nagar Jaipur

----Complainant-Respondent

(2 of 3) [CRLMP-946/2021]

S.B. Criminal Miscellaneous (Petition) No. 883/2021 Dinesh Agarwal S/o Om Prakash Agarwal, Aged About 47 Years, R/o Rukhminis, Roopam Nagar, Mantha Choufuli, Jalna- Maharashtra, Director At Jalna Siddhivinayak Alloys Private Limited.

----Petitioner Versus

1. State Of Rajasthan, Through Public Prosecutor.

2. Rajesh Kabra S/o Late Shri Mishri Lal Kabra, Aged About 25 Years, R/o 409, Alankar Plaza, Central Spine, Vidhyadhar Nagar, Jaipur.

----Respondents

For Petitioner(s) : Mr. Nitish Kumar Bagri with Mr. Harish Vyas For Respondent(s) : Mr. F.R. Meena, PP For Complainant : Mr. Narendra Singh Shekhawat through VC

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

17/02/2021

These criminal miscellaneous petitions under Section 482

Cr.P.C. have been filed for quashing the FIR No.0309/2020 dated

22.10.2020 registered at Police Station Vidhyadhar Nagar, District

Jaipur City (North) for offence under Sections 420, 406 and 120-B

of I.P.C.

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

04.02.2021, 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.

(3 of 3) [CRLMP-946/2021]

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 petitions.

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, these criminal miscellaneous petitions are

allowed. The FIR No.0309/2020 dated 22.10.2020 registered at

Police Station Vidhyadhar Nagar, District Jaipur City (West) for

offence under Sections 420, 406 and 120-B of I.P.C. is quashed.

(MAHENDAR KUMAR GOYAL),J

Sudha/173-175

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