Rajasthan High Court
Vijay Kumar Son Of Shri Kailash ... 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. 1192/2021
1. Vijay Kumar Son Of Shri Kailash Chand, Resident Of
Sindhiyo Ki Gali, Mohalla Shekhpura, Sikar, Tehsil And
District Sikar (Raj).
2. Tarun Sharma Son Of Shri Vijay Kumar, Resident Of
Sindhiyo Ki Gali, Mohalla Shekhpura, Sikar, Tehsil And
District Sikar (Raj).
----Accused/Petitioners
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Raj Agarwal Son Of Shri Ramavtar Agarwal, Resident Of
Industrial Area G-86, Jaipur Road, Sikar, Tehsil And District
Sikar (Raj).
----Complainant/Respondent
For Petitioner(s) : Mr. Ripu Daman Singh Naruka
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Ashir Gauri
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.545/2020 dated 09.11.2020
registered at Police Station Udhyog Nagar, District Sikar for offence
under Sections 341, 323, 327, 504 & 34 of I.P.C.
Learned counsel for the petitioners submitted that the FIR
arises out of minor dispute between the parties and does not involve
any heinous offence. Relying on the compromise dated 21.01.2021,
he submitted that since the matter has amicably been settled
between the parties, the FIR in question is liable to be quashed in
(2 of 2) [CRLMP-1192/2021]
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. The compromise dated
21.01.2021 in original submitted by learned counsel for the
petitioners is taken on record.
Learned Public Prosecutor has opposed the criminal
miscellaneous petition. He submitted the status report dated
21.02.2021 furnished by SHO, Police Station Udhyog Nagar, District
Sikar which is taken on record.
As per the status report, as on today, except the present case,
no other criminal case is pending against the petitoners.
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.
A perusal of the material on record shows that the dispute not
involving any heinous offence has amicably been settled between the
parties. In view of the law laid down by the Hon'ble Apex Court of
India in case 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.545/2020 dated 09.11.2020 registered at Police Station
Udhyog Nagar, District Sikar for offence under Sections 341, 323,
327, 504 & 34 of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/116
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