Rajasthan High Court
Mathura D/O Shri Rajaram Wife Of ... 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. 3172/2020
Mathura D/o Shri Rajaram Wife Of Shri Mohan Gurjar, Resident Of
Village Kathmana, Teshil And Police Station Peeplu, District Tonk
(Raj) At Present R/o Baniya Ka Baag, Police Station Aravali Vihar,
Alwar, District Alwar (Raj)
----Petitioner
Versus
1. State Of Rajasthan, Through The P.P.
----Respondent
2. Rajaram Son Of Hari Narayan, Village Kathmana, Tehsil And
District Tonk Rajasthan
3. Ramdhan Son Of Raja Ramn, Village Kathmana, Tehsil And
District Tonk Rajasthan
4. Gopal Son Of Mangilal, Village Kathmana, Tehsil And District
Tonk Rajasthan
5. Girraj Son Of Hari Narayan, Resident Of Ghasipura, Tehsil
Malpura District Tonk Rajasthan
----Accused/Respondents
For Petitioner(s) : Mr. Padam Singh Gurjar
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Anil Kumar Gurjar
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 criminal proceeding in criminal case
No.22/2A/2007, Mathura Vs. Raja Ram and Ors. pending in the Court
of learned Judicial Magistrate No.3, Alwar for offence under Sections
323, 341 & 363 read with Section 511 I.P.C.
Learned counsel for the petitioner submitted that the criminal
proceeding arises out of dispute between the parties who are family
(2 of 2) [CRLMP-3172/2020]
members and does not involve any heinous offence. Relying on the
judgments of the Hon'ble Supreme Court 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, he submitted that the proceeding under
Sections 323, 341 & 363 read with Section 511 I.P.C. be quashed.
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 criminal proceeding arising out of 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
between the parties not involving any heinous offence has amicably
been settled by them. In view of compromise between the parties
and the law laid down by the Hon'ble Supreme Court in cases of
Gian Singh (supra) & Narinder Singh (supra), this Court deems it
just and proper to quash the criminal proceeding pending against the
petitioner.
Resultantly, this criminal miscellaneous petition is allowed. The
criminal proceeding in criminal case No.22/2A/2007, Mathura Vs.
Raja Ram & Ors. pending in the Court of learned Judicial Magistrate
No.3, Alwar for offence under Sections 323, 341 & 363 read with
Section 511 I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/76
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