Citation : 2021 Latest Caselaw 2077 Raj/2
Judgement Date : 25 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2000/2020
Chunni Lal Son Of Shri Kishor Mal Jyani, Resident Of Village
Paiva, Tehsil Dhod, District Sikar (Raj.)
----Accused/Petitioner
Versus
1. The State Of Rajasthan, Through P.P.
----Respondent
2. Smt. Kamla Chhabbarwal D/o Shri Madan Lal Chhabbarwal, At Present Resident Of Village Paiva, Tehsil Dhod, District Sikar (Raj.)
----Complainant/Respondent
For Petitioner(s) : Mr. Vishnukant Sharma for Mr. K.K. Bhinda For Respondent(s) : Mr. Prashant Sharma, PP Mr. Pradeep Sharma for Mr. Atar Singh
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.120/2019 dated 17.09.2019
registered at Police Station Losal, District SIkar for offence under
Sections 420, 467 & 468 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
24.05.2020, 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 the Hon'ble Apex Court of
India in cases of Gian Singh versus State of Punjab & Anr.
(2 of 2) [CRLMP-2000/2020]
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 24.05.2020 in original submitted by learned
counsel for the petitioner is taken on record.
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.
From the material on record, it is apparent that the dispute,
being private and predominantly of civil nature, 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.120/2019 dated 17.09.2019 registered at Police Station
Losal, District SIkar for offence under Sections 420, 467 & 468 of
I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/71
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