Jaiprakash Tyagi S/O Lt. Shri ... vs State Of Rajasthan
2021 Latest Caselaw 275 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 6055/2020

1.     Jaiprakash Tyagi S/o Lt. Shri Basant Singh Tyagi, Aged
       About 66 Years, R/o Tyagi Bhawan, Old City, Dholpur
       Tehsil And Distt. Dholpur Raj.
2.     Omprakash Tyagi S/o Lt. Shri Mataprasad Tyagi, Aged
       About 65 Years, R/o Dholkoot Road, Dholpur Tehsil And
       Distt. Dholpur Raj.
                                                       ----Accused-Petitioners
                                   Versus
1.     State Of Rajasthan, Through P.P.
2.     Sourabh Jindal S/o Shri Jagdish Prasad, Aged About 45
       Years,   R/o     Gangapurcity,           Sawaimadhopur         Presently
       Posted As Commissioner, Nagar Parishad Dholpur Kotwali
       Dholpur Raj.
                                                                ----Respondents

For Petitioner(s) : Mr. Sumer Sharma on behalf of Mr. Sanjay Sharma For Respondent(s) : Mr. Atul Sharma, PP Mr. Mukesh Pal Jadoun for complainant(s)

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/01/2021 This criminal misc. petition has been filed with a prayer to

quash the FIR No. 140/2019 registered at Police Station Kotwali,

District Dholpur for the offence under Sections 332, 353 and

Section 3 of Prevention of Damage to Public Property Act, 1984.

Relying on the compromise dated nil placed on record as

annexure-2, learned counsel submitted that being a petty dispute,

the same has amicably been settled between the parties and

hence, in the light of judgments of Hon'ble Apex Court of India in

(2 of 2) [CRLMP-6055/2020]

the cases of Gian Singh Vs. State of Punjab & Anr.: JT 2012

(9) SC-426, B.S. Joshi & Ors. Vs. State of Haryana & Anr.:

2003 Cri.L.J. 2028 and Narinder Singh & Ors. Vs. State of

Punjab & Anr.: 2014 Cr.L.R. (SC) 351, learned counsel

submitted that the FIR in question be quashed against them.

Learned Public Prosecutor has opposed the criminal misc.

petition.

Learned counsel for the complainant, acknowledging the

factum of compromise between the parties, submitted that he has

no objection if the FIR in question against the petitioners is

quashed.

Taking into consideration the contentions advanced by the

learned counsels for the respective parties, the nature of offence,

the factum of compromise between the parties and the law laid

down by the Hon'ble Apex Court of India in the cases of Gian

Singh (supra), B.S. Joshi (supra) and Narinder Singh

(supra), this Court deems it just and proper to allow this criminal

misc. petition.

This criminal misc. petition is allowed. The FIR No. 140/2019

registered at Police Station Kotwali, District Dholpur is quashed

qua the petitioners.

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /137

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