Citation : 2021 Latest Caselaw 1790 Raj/2
Judgement Date : 17 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1618/2020
Surendra Singh Shekhawat S/o Shri Hari Singh, Aged About 58
Years, R/o B-71 Friends Colony, Panchyawala, Sirsi Road, Jaipur
(Raj.)
----Complainant/Petitioner
Versus
State Of Rajasthan, Trhough P.P.
----Respondent
For Petitioner(s) : Mr. Parmeshwar Lal Pilania For Respondent(s) : Mr. F.R Meena, PP Mr. Shyam Bihari Gautam
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.679/2019 dated
27.09.2019 registered at Police Station Karni Vihar, District Jaipur
(West) for offence under Sections 386 & 120-B of I.P.C.
Learned counsel for the petitioner submitted that the FIR in
question arises out of some misunderstanding between the parties
and does not involve any heinous offence. Relying on the
compromise dated 16.02.2021 which has duly been verified and
attested by the Registrar (Judl.) on 16.02.2021 under order of this
Court dated 03.02.2021, 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 Singh & Ors.
(2 of 2) [CRLMP-1618/2020]
versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC)
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.
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 quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.679/2019 dated 27.09.2019 registered at Police
Station Karni Vihar, District Jaipur (West) for offence under
Sections 386 & 120-B of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/106
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