Manoj Maan S/O Shri Jaipal vs State Of Rajasthan
2021 Latest Caselaw 277 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 3628/2020

1.     Manoj Maan S/o Shri Jaipal,                       R/o     Bhobiya,   Tehsil
       Surajgarh, Dist Jhunjhunu, Raj.
2.     Mandroop S/o Shri Dayanand, R/o Village Kithana, Tehsil
       Chirawa, Dist Jhunjhunu, Raj.
3.     Rajesh @ Jaduda S/o Shri Jaipal, R/o Bhobiya, Tehsil
       Surajgarh, Dist Jhunjhunu, Raj.
4.     Sachin @ Landiya S/o Shri Dara Singh, R/o Village
       Ghardu, Tehsil Surajgarh, Dist Jhunjhunu, Raj.
                                                        ----Accused/Petitioners
                                    Versus
1.     State of Rajasthan, through PP
2.     Dharmendra S/o Shri Daleep Singh, aged About 38 Years,
       R/o Bigodna, PS Pilani, Jhunjhunu, Raj.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Amit Punia
For Respondent(s)         :     Mr. Atul Sharma, P.P.
For Complainant                 Mr. Sanjay Buri

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/01/2021

This criminal miscellaneous petition has been filed with a

prayer to quash the FIR No.159/2020 registered at Police Station

Pilani, Jhunjhunu.

It is contended by the learned counsel for the petitioner that

giving a minor road accident shape of criminal case, the present

FIR came to be lodged wherein, none has received any injury.

Relying on the affidavit of the complainant Dharmendra son of

Daleep Singh dated 16.06.2020, learned counsel submitted that

the dispute has amicably been settled between the parties who

are resident of same vicinity. He submitted that although, the FIR

is registered under Sections 307 & 395 of IPC besides other minor

(2 of 2) [CRLMP-3628/2020]

offences; but, none has received any injury nor offence under

Section 395 IPC is made out even prima-facie against the

petitioners. He, therefore, relying on the judgment of the Hon'ble

Apex Court in Gian Singh versus State of Punjab & Anr.

reported in JT 2012 (9) SC-426 as well as in Narinder Singh &

Ors. versus State of Punjab & Anr. reported in 2014 Cr.L.R.

(SC) 351, prayed that the FIR in question be quashed against the

petitioners.

Learned Public Prosecutor has opposed the petition.

Learned counsel appearing for the complainant

acknowledging the contents of the affidavit dated 16.06.2020

submitted by the complainant Dharmendra, submitted that the

dispute has amicably been settled between the parties and he has

no objection if the FIR in question is quashed against the

petitioners.

Heard learned counsels for the parties and perused the

record.

The material available on record does not reveal that any

person has received any injury. In these circumstances, relying on

the judgments of the Hon'ble Apex Court in cases of Gian Singh

(supra) & Narinder Singh (supra), this Court deems it just and

proper to quash the FIR in question as the matter has been settled

between the parties.

Consequently, this criminal miscellaneous petition is allowed

and the FIR No.159/2020 registered at Police Station Pilani,

Jhunjhunu is quashed against the petitioners.

(MAHENDAR KUMAR GOYAL),J

Manish/36

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