Rajasthan High Court
Sukhchain Kaur W/O Gurudayal ... 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. 6085/2020
1. Sukhchain Kaur W/o Gurudayal Singh, Aged About 65
Years, R/o Noor Nagar, Tehsil Kishangarhbas, Distt. Alwar
Raj.
2. Paramjeet Singh S/o Late Shri Gurudayal Singh, Aged
About 38 Years, R/o Noornagar, Police Station
Kishangarhbas, Distt. Alwar Raj.
3. Gurucharan Singh @ Booby S/o Late Shri Gurudayal
Singh, Aged About 36 Years, R/o Noornagar, Police
Station Kishangarhbas, Distt. Alwar Raj.
4. Gurupreet S/o Late Shri Gurudayal Singh, R/o Noornagar,
Police Station Kishangarhbas, Distt. Alwar Raj.
5. Narendra Singh S/o Late Shri Gurudayal Singh, R/o
Noornagar, Police Station Kishangarhbas, Distt. Alwar Raj.
6. Dilbagh Singh S/o Late Shri Gurudayal Singh, Aged About
24 Years, R/o Noornagar, Police Station Kishangarhbas,
Distt. Alwar Raj.
7. Subey Singh D/o Budharam, R/o Noornagar, Police
Station Kishangarhbas, Distt. Alwar Raj.
8. Roshan Singh S/o Baldev Singh Bhatti @ Jagga Singh, R/
o Jasoria Colony, Khairthal Tehsil Kishangarhbas Distt.
Alwar Raj.
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Soma Kaur S/o Satnam Singh, R/o D-31, Ajayen Clave,
Tilak Marg, New Delhi.
----Complainant/Respondent
For Petitioner(s) : Mr. Madhav Mitra
Mr. Veerendra Singh
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Govind Sharma
Dara Singh, I.O., SHO, P.S. Khairthal
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
(2 of 3) [CRLMP-6085/2020]
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.336/2020 dated
01.09.02020 registered at Police Station Khairthal, District
Bhiwadi for offence under Sections 420, 406, 467, 468, 471 &
120-B of I.P.C.
It is contended by learned counsels for the petitioners that
the dispute being predominantly of civil nature and 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, they 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 21.11.2020 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
(3 of 3) [CRLMP-6085/2020]
quash the FIR in question on the basis of compromise between the
parties.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.336/2020 dated 01.09.02020 registered at Police
Station Khairthal, District Bhiwadi for offence under Sections 420,
406, 467, 468, 471 & 120-B of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/118
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