Rajasthan High Court
Divyanshu Gupta Son Of Ashok Kumar ... vs State Of Rajasthan on 22 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1028/2021
Divyanshu Gupta Son Of Ashok Kumar Gupta, R/o Behind Of
Shyam Mandir, Ballabh Nagar, New Mandi Road Dausa, Police
Station Kotwali Dausa, District Dausa.
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
.......Respondent
2. Raju Lal Saini Son Of Shri Shri Nathu Lal Saini, Aged
About 46 Years, R/o Basant Vihar Colony, Dausa, Police
Station Kotwali, Dausa.
----Complainant-Respondent
For Petitioner(s) : Mr. Nawal Singh Sikarwar
For Respondent(s) : Mr. Ramesh Choudhary, PP
For Complainant : Mr. S.S. Nirwan for
Mr. Satish Kumar Khandal
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
22/02/2021
In pursuance of direction of this Court dated 10.02.2021,
learned Public Prosecutor submitted the status report dated
20.02.2021 furnished by Station House Officer, Police Station
Kotwali, District Dausa, which is taken on record.
As per the status report, the petitioner does not have any
criminal record.
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No. 0608/2020 dated
28.12.2020 registered at Police Station Kotwali (Dausa), District
Dausa for offence under Sections 420, 406, 467, 468 & 471 of
I.P.C.
(2 of 2) [CRLMP-1028/2021]
Learned counsel for the petitioner submitted that the FIR in
question arises out of a commercial transaction and does not
involve any heinous offence. Relying on the compromise dated
02.02.2021, 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 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. 0608/2020 dated 28.12.2020 registered at Police
Station Kotwali (Dausa), District Dausa for offence under Sections
420, 406, 467, 468, 471 of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/161
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