Rajasthan High Court
Kalu Ram Yadav S/O Shri Hanuman ... 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. 3535/2020
Kalu Ram Yadav S/o Shri Hanuman Yadav, Aged About 47 Years,
R/o Azad Nagar, Madanganj, Kishangarh, Ajmer, Raj.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through PP
----Respondent
2. Madhulata Devi W/o Shri Sunil Kumar, Aged About 49
Years, R/o Shanti Bhawan, Gurjar Mohalla, Dev Dungari
Road, Madanganj, Kishangarh, Ajmer, Raj.
----Complainant-Respondent
Connected With
S.B. Criminal Miscellaneous (Petition) No. 4002/2020
1. Sunil Kumar S/o Ghisa Lal Sargara, Aged About 50 Years,
R/o Shanti Bhawan, Gurjar Mohalla, Dev Dungri Road,
Madanganj, Ajmer, Rajasthan
2. Madhulata Devi W/o Sunil Kumar, Aged About 48 Years,
R/o Shanti Bhawan, Gurjar Mohalla, Dev Dungri Road,
Madanganj, Ajmer, Rajasthan
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Kalu Ram Yadav S/o Hanumar Yadav, Aged about 42
years, R/o Azad Nagar, Madanganj, Ajmer Rajasthan
----Non-Petitioners/Complainant
For Petitioner(s) : Mr. Vishwajeet Mantri in CRLM.PET
No.3535/2020
Mr. Akshat Chaudhary through VC in
CRLM.PET No.4002/2020
For Respondent(s) : Mr. Akshat Chaudhary through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
27/01/2021
(2 of 3) [CRLMP-3535/2020]
These criminal miscellaneous petitions under Section 482
Cr.P.C. have been filed with a prayer to quash the FIR
No.176/2018 dated 08.07.2018 registered at Police Station
Madanganj, District Ajmer for offence under Sections 420, 406 &
120-B of I.P.C. and FIR No.92/2018 dated 09.04.2018 registered
at Police Station Madanganj, District Ajmer for offence under
Sections 420, 406 & 120-B of I.P.C. respectively.
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-42 &,
Narinder Singh & Ors. versus State of Punjab & Anr.
reported in 2014 Cr.L.R. (SC) 351, they prayed that FIRs in
question be quashed.
Learned Public Prosecutor has opposed the criminal
miscellaneous petitions. Learned counsel appearing for the
complainants acknowledging the factum of compromise between
the parties, submitted that he has no objection if the FIRs in
question are quashed.
Heard learned counsels for the parties and perused the
record.
A perusal of the aforesaid FIRs reveal that the dispute was
private and civil in nature. On the basis of material on record and
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 FIRs in question on
the basis of compromise between the parties.
(3 of 3) [CRLMP-3535/2020]
Resultantly, these criminal miscellaneous petitions are
allowed. The FIR No.176/2018 dated 08.07.2018 registered at
Police Station Madanganj, District Ajmer for offence under
Sections 420, 406 & 120-B of I.P.C. and FIR No.92/2018 dated
09.04.2018 registered at Police Station Madanganj, District Ajmer
for offence under Sections 420, 406 & 120-B of I.P.C. are
quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/70-71
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