Rajasthan High Court
Radheyshyam Gurjar @ Radhey Son Of ... vs State Of Rajasthan on 27 January, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 173/2021
Radheyshyam Gurjar @ Radhey Son Of Shri Laxmansingh Gurjar,
Aged About 24 Years, Resident Of Village Bhanwarpura, Police
Station Sadar Distt Karauli At Present Resident Of Shikarganj
Karauli District Karauli (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Superintendent Of Police, District Karauli.
3. Station House Officer, Police Station Karauli (Kotwali
Karauli), Distt. Karauli.
4. Investigating Officer, Police Station Kotwali Karauli, Distt.
Karauli.
5. Mannu Mali Son Of Chirangi Mali, Aged About 54 Years,
Resident Of Shikarganj Mandrayal Road, Karauli Police
Station Kotwali Karauli District Karauli.
----Respondents
For Petitioner(s) : Mr. Malkhan Chaturvedi
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Mukesh Pal Jadoun
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
27/01/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed with a prayer to quash the FIR No.321/2020 dated
15.09.2020 registered at Police Station Karauli, District Karauli for
offence under Sections 143, 427, 504, 506 & 307 of I.P.C.
Learned counsel for the petitioner submitted that it is a case
of no injury and hence, no offence under Section 307 is made out.
Referring the affidavit dated 18.12.2020 of Mannu Mali S/o
(2 of 3) [CRLMP-173/2021]
Chiranhi Mali, complainant, he submitted that the dispute
predominantly of civil nature and personal to the parties, has
amicably been settled between the parties. Relying on 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, he prayed that FIR in
question 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 FIR in question is
quashed.
Heard learned counsel for the parties and perused the
record.
A perusal of the FIR reveals that the dispute was private and
civil in nature. From the material on record, this Court is satisfied
that no offence under Section 307 I.P.C. is prima facie made out
against the petitioner. In view of the affidavit dated 18.12.2020
submitted by the complainant, it is apparent that the matter has
been settled amicably between the parties and the complainant
does not want to prosecute the matter further. 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 on the basis of
compromise between the parties.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.321/2020 dated 15.09.2020 registered at Police
(3 of 3) [CRLMP-173/2021]
Station Karauli, District Karauli for offence under Sections 143,
427, 504, 506 & 307 of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/136
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