Rajasthan High Court
Kundan Yadav S/O Shri R.P. Yadav vs State Of Rajasthan on 25 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1450/2021
Kundan Yadav S/o Shri R.p. Yadav, Aged About 44 Years,
Proprietor M/s Gold Royal Stone, R/o 3-Da-13, Dadabari Vistar
Yojna, Dadabari, Kota Proprietor M/s Gold Royal Stone.
----Petitioner/Accused
Versus
1. State Of Rajasthan, Through Public Prosecutor.
....Respondent
2. Sanjay Kumar Jain S/o Shri Hukum Chand Jain, Aged
About 43 Years, R/o N-21, Bhagat Singh Colony, Jhilay
Road, Niwai, Tonk And Employee Of Aadhar Infra Project
Pvt. Ltd Through Director Shashi Bhardwaj R/o Plot No. 3,
Floor U.d.b Landmark, A-8, Basant Vihar Colony,
Gopalpura, Jaipur.
----Respondent/Complainant
For Petitioner(s) : Mr. Sudhir Jain
For Respondent(s) : Mr. Prashant Sharma, PP
For Complainant : Mr. Monu Kumar
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
25/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.261/2020 dated
27.08.2020 registered at Police Station Dadabari, District Kota
City (Rural) for offence under Sections 420 and 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 dated
14.02.2021, he submitted that since the matter has been settled
amicably between the parties, the FIR in question is liable to be
(2 of 2) [CRLMP-1450/2021]
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)
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 in nature 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.261/2020 dated 27.08.2020 registered at Police
Station Dadabari, District Kota City (Rural) for offence under
Sections 420 and 406 of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/281
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