Rajasthan High Court
Anil Choudhary S/O Sh. Bhim Singh ... vs State Of Rajasthan on 24 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1563/2020
Anil Choudhary S/o Sh. Bhim Singh Choudhary, R/o A-38,
Officers Enclave, Sachivalaya Vihar, Muhana, Sanganer, Jaipur.
(Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Prem Chand Dhandoria S/o Kapoor Chand, Aged About 66
Years, R/o Plot No. B-42, Bajaj Nagar, Ps Bajaj Nagar, At
Present Medical Officer Incharge (Sriram Kandoi Govt.
Dispenseary, Srirampura, Ps Muhan), Jaipur
----Respondents
For Petitioner(s) : Mr. Gopendra Singh Shekhawat
For Respondent(s) : Mr. Prashant Sharma, P.P.
For Complainant Mr. Jitendra Sharma with
Mr. Avesh Mourya
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.1064/2019 dated
20.08.2019 registered at Police Station Muhana, District Jaipur
City (South) for offence under Sections 332 & 353 of IPC and
Section 3(1)(r) & 3(s) of the Scheduled Castes and Tribes
(Prevention of Atrocities) Act, 1989 (for brevity "the Act of 1989").
Learned counsel for the petitioner submitted that the FIR in
question arises out of a minor dispute between the parties
working in same office leading to cross-FIR and does not involve
heinous offence. Relying on the compromise dated 03.03.2020, he
(2 of 2) [CRLMP-1563/2020]
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 minor 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.1064/2019 dated 20.08.2019 registered at Police
Station Muhana, District Jaipur City (South) for offence under
Sections 332 & 353 of IPC and Section 3(1)(r) & 3(s) of the Act of
1989 is quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/74
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