Kamal Kumar Choudhary S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 1788 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous (Petition) No. 6382/2020

Kamal Kumar Choudhary S/o Shri Ganesh Narayan Choudhary,
R/o Dagron Ki Dhani, Bagru Khurd, Jaipur Raj.
                                                           ----Accused-Petitioner
                                      Versus
1.         State Of Rajasthan, Through P.P.
                                                                   .....Non-Petitioner
2.         Vaidhy Prakash Saini S/o Late Shri Babulal Saini, R/o Plot
           No. 141, Shubh Aangan, Third Phase, Omega City, Bad-
           Ke-Balaji, Ajmer Road, Jaipur Raj.
                                             ----Complainant-Non-Petitioner


For Petitioner(s)            :    Mr. Sanjeev Sogarwal for
                                  Mr. Jagmeet Singh
For Respondent(s)            :    Mr. F.R. Meena, PP

For Complainant : Mr. Abhishek Naithany

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. 0075/2020 dated

10.02.2020 registered at Police Station Bhankrota, District Jaipur

(West) for offence under Sections 143, 323, 342, 365 and 386 of

I.P.C.

Learned counsel for the petitioner submitted that the FIR in

question arises out of a minor dispute, predominantly of civil

nature and does not involve any heinous offence. Relying on the

compromise dated 03.06.2020, he submitted that the matter has

amicably been settled between the parties. Referring the

judgments of the Hon'ble Apex Court of India in cases of Gian

(2 of 2) [CRLMP-6382/2020]

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.

From the material on record, it is apparent that the dispute,

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. 0075/2020 dated 10.02.2020 registered at Police

Station Bhankrota, District Jaipur (West) for offence under

Sections 143, 323, 342, 365 and 386 of I.P.C. is quashed.

(MAHENDAR KUMAR GOYAL),J

Sudha /305

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