Rajasthan High Court
Ram Singh Bairwa S/O Poonia Ram 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. 4246/2020
1. Ram Singh Bairwa S/o Poonia Ram, R/o 60 Feet Road,
Behind Of Kirti Misthan Bhandar, Ram Nagar, Distt. Alwar,
Raj.
2. Mahendra Kumar Bairwa S/o Sh. Ram Singh Bairwa, Aged
About 35 Years, R/o 60 Feet Road, Behind Of Kirti Misthan
Bhandar, Ram Nagar, Distt. Alwar, Raj.
3. Narendra Kumar Verma S/o Sh. Ram Singh Bairwa, Aged
About 30 Years, R/o Behind Of Kirti Misthan Bhandar, Ram
Nagar, Distt. Alwar, Raj.
4. Shankuntala W/o Sh. Kundan, Aged About 55 Years, R/o
Paharsar, Nadbai, Distt. Bharatpur, Raj.
5. Deepak Kumar S/o Sh. Raj Singh Yadav, Aged About 28
Years, R/o Paharsar, Nadbai, Distt. Bharatpur, Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through PP
----Respondent
2. Prem Chand Bairwa S/o Lt. Sh. Gangadhar Bairwa, Aged
about 34 Years, R/o Malpuria, Post Nangal Bairsi, Teh.
And Distt. Dausa, Raj.
----Complaiant-Respondent
For Petitioner(s) : Mr. Tejashwai Sharma
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Bheem Sain Bairwa
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
27/01/2021
The matter comes up on an application seeking early listing
of the criminal miscellaneous petition.
For the reasons stated in the application, the same is
allowed.
(2 of 3) [CRLMP-4246/2020]
With the consent of the learned counsels for the respective
parties, the petition is heard today for admission.
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed with a prayer to quash the FIR No.609/2017 dated
20.11.2017 registered at Police Station Kotwali (Dausa), District
Dausa for offence under Sections 120-B, 420, 406, 464, 468, 166
& 168 of I.P.C. and Sections 3, 4 & 5 of Price Chits and Money
Circulation Scheme (Baining) Act, 1978.
It is contended by learned counsel for the petitioner that the
dispute being predominantly of civil nature and hence, personal to
the parties, has amicably been settled. 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. In view of the affidavit dated 01.10.2019 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) &
(3 of 3) [CRLMP-4246/2020]
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.609/2017 dated 20.11.2017 registered at Police
Station Kotwali (Dausa), District Dausa for offence under Sections
120-B, 420, 406, 464, 468, 166 & 168 of I.P.C. and Sections 3, 4
& 5 of Price Chits and Money Circulation Scheme (Baining) Act,
1978 is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/55
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