Jhamman Singh And Anr vs State Of Raj And Anr
2021 Latest Caselaw 1792 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 1112/2018

1.      Jhamman Singh S/o Shri Badan Singh, R/o Barolichhar
        Tehsil Nadbai District Bharatpur.
2.      Devi Singh S/o Shri Badan Singh, R/o Barolichhar Tehsil
        Nadbai District Bharatpur.
                                                        ----Accused-Petitioners
                                    Versus
1.      State Of Rajasthan Through PP
                                                                 ----Non-Petitioner
2.      Smt. Sunita W/o Shri Shivcharan, R/o Barolichhar Tehsil
        Nadbai District Bharatpur.
                                             ---Complainant/Non-Petitioner


For Petitioner(s)          :    Mr. Rajesh Choudhary for
                                Mr. Harendra Singh through VC
For Respondent(s)          :    Mr. F.R. Meena, PP

Mr. Shailsesh Kumar Panwar

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.320/2017 dated

01.06.2017 registered at Police Station Nadbai, District Bharatpur

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 09.02.2021, 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

(2 of 2) [CRLMP-1112/2018]

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 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.320/2017 dated 01.06.2017 registered at Police

Station Nadbai, District Bharatpur for offence under Sections 420

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

The pending application stands disposed of.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/35

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