Rajasthan High Court
Sanwar Lal Purohit S/O Shri ... vs State Of Rajasthan on 23 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3502/2020
Sanwar Lal Purohit S/o Shri Sreeram Sharma, Aged About 32
Years, R/o Village Lodiyana, Tehsil Vijaynagar, Ajmer.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through PP
2. SP, Distt. Ajmer, Raj.
3. D.S.P., Vijaynagar, Distt. Ajmer.
4. SHO, PS Vijay Nagar, Distt. Ajmer.
----Non-Petitioners
5. Smt. Sumitra Bairwa W/o Sataynarayan Bairwa, Aged
About 40 Years, R/o Village Lodiyana, Tehsil Vijaynagar,
Ajmer.
----Respondent/Complainant
For Petitioner(s) : Mr. Atar Singh Gurjar for
Mr. Manish Sharma
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Sudhir Jain for complainant(s)
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
23/02/2021
Learned Pubic Prosecutor submitted the status report dated
01.11.2020 furnished by SHO, Police Station Vijay Nagar, District
Ajmer, which is taken on record.
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.130/2020 dated
13.05.2020 registered at Police Station Vijay Nagar, District Ajmer
for offence under Sections 186, 509, 451 & 353 of IPC and
Sections 3(1)(D), 3(1)(S), 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2 of 3) [CRLMP-3502/2020]
Learned counsel submitted that the FIR in question arises
out of dispute between the parties working in the same office and
does not involve any heinous offence. Relying on the affidavit of
the complainant dated 24.12.2020, 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. versus State of Punjab & Anr. reported in 2014
Cr.L.R. (SC) 351.
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.130/2020 dated 13.05.2020 registered at Police
Station Vijay Nagar, District Ajmer for offence under Sections 186,
509, 451 & 353 of IPC and Sections 3(1)(D), 3(1)(S), 3(2)(va) of
(3 of 3) [CRLMP-3502/2020]
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 is quashed.
(MAHENDAR KUMAR GOYAL),J
MADAN MEENA /24
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