Sitaram S/O Kajod vs State Of Rajasthan
2021 Latest Caselaw 2034 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 1271/2021

1.     Sitaram S/o Kajod, Resident Of Jharna, Tehsil Sikrai,
       District Dausa.
2.     Pankaj S/o Sitaram, Resident Of Jharna, Tehsil Sikrai,
       District Dausa.
3.     Rahul S/o Sitaram, Resident Of Jharna, Tehsil Sikrai,
       District Dausa.
4.     Jitendra S/o Sitaram, Resident Of Jharna, Tehsil Sikrai,
       District Dausa.
                                                       ----Accused/Petitioners
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Ramful S/o Kajod Bairwa, Resident Of Jharna, Tehsil
       Sikrai, District Dausa.
                                             ----Complainant/Respondents

For Petitioner(s) : Mr. Arvind Sharma For Respondent(s) : Mr. Prashant Sharma, P.P. For Complainant Mr. Ankit Khandelwal

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

24/02/2021

This criminal miscellaneous petition under Section 482 Cr.P.C.

has been filed for quashing the FIR No.42/2021 dated 26.01.2021

registered at Police Station Sikandra, District Dausa for offence

under Sections 323, 341, 504 & 506 of IPC and later on

investigating authority added Section 326 of IPC.

Learned counsel for the petitioner submitted that the FIR in

question arises out of a minor dispute between the parties and

does not involve any heinous offence. Relying on the compromise

(2 of 2) [CRLMP-1271/2021]

dated 10.02.2021, 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 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 learned counsels for the parties and perused the

record.

Undisputedly, the trivial dispute giving rise to FIR in question

has amicably been settled between the parties. In view of 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.42/2021 dated 26.01.2021 registered at Police Station

Sikandra, District Dausa for offence under Sections 323, 341, 504

& 506 of IPC and later on added Section 326 of IPC is quashed.

(MAHENDAR KUMAR GOYAL),J

Manish/188

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