Citation : 2021 Latest Caselaw 787 Raj/2
Judgement Date : 27 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2840/2020
1. Pintu S/o Shri Jagan Gurjar, Aged About 37 Years, R/o
Village Malarana Doongar, PS Sawai Madhopur, Raj.
2. Rajesh Gurjar S/o Shri Murari Lal Gurjar, Aged About 23
Years, R/o Village Malarana Doongar, PS Sawai Madhopur,
Raj.
3. Mannu S/o Shri Ramniwas Bairwa, Aged About 23 Years,
R/o Village Malarana Doongar, PS Sawai Madhopur, Raj.
4. Hasim Khan S/o Shri Magroof Khan, Aged About 30 Years,
R/o Indra Colony, Malarana Doongar, Ps Sawai Madhopur,
Raj.
----Accused/Petitioners
Versus
1. State of Rajasthan, through PP
Respondent
2. Jairaj Singh S/o Shri Doongar Singh, Aged About 38 Years, R/o Village Talkesara, Agra Road, Keshav Vidhyapeeth, Jaipur City, East Jaipur Presently Working As A Feeder In Charge-I Malarana Doongar, Dist. Sawai Madhopur.
----Complainant/Respondent
For Petitioner(s) : Mr. Vijay Singh Yadav For Respondent(s) : Mr. F.R. Meena, P.P. For Complainant Mr. Manvendra Singh Choudhary
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
27/01/2021
This criminal miscellaneous petition under Section 482 CrPC
has been filed with the prayer that FIR No.148/2020 dated
13.06.2020 registered at Police Station Malarna Doongar, District
Sawaimadhopur for offences under Sections 332, 353, 379, 427,
504 & 34 of IPC, be quashed.
Relying on the affidavit of the parties notarized on
29.07.2020, learned counsel for the petitioners submitted that the
(2 of 2) [CRLMP-2840/2020]
dispute being petty and personal in nature, has amicably settled
between the parties who are residents of same village. Referring
the judgments of the Hon'ble Apex Court of India in cases of Gian
Singh versus State of Punjab & Anr., JT 2012 (9) SC-426 &
Narinder Singh & Ors. versus State of Punjab & Anr., 2014
Cr.L.R. (SC) 351, he submitted that the FIR in question be
quashed on the basis of compromise between the parties.
Opposing the prayer, learned Public Prosecutor submitted the
status report dated 24.01.2021 furnished by Station House Officer,
Police Station Malarna Doongar, District Sawaimadhopur.
The status report is taken on record. As per the status
report, the petitioners do not have any criminal record.
Learned counsel for the complainant/respondent No.2,
acknowledging the factum of the compromise between the parties,
submitted that he has no objection if the FIR in question is
quashed against the petitioners.
Heard learned counsel for the parties and perused the
record.
In view of the settlement of dispute between the parties
amicably, nature of allegations against the petitioners and the law
laid down in the cases of Gian Singh (supra) & Narinder Singh
(supra), this Court deems it just and proper to quash the FIR in
question.
Resultantly, the criminal miscellaneous petition is allowed
and the FIR No.148/2020 registered at Police Station Malarna
Doongar, District Sawaimadhopur is quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/240
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