Akram Son Of Aslam Khan vs State Of Rajasthan
2021 Latest Caselaw 871 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 694/2021

1.     Akram Son Of Aslam Khan,
2.     Mohammad Kaif Son Of Shri Noshad Khan,
       Both R/o Pathano Ka Chowk, Brahmpuri, Jaipur.
                                                       ----Accused-Petitioners
                                   Versus
1.     State Of Rajasthan, Through PP.
                                                                ---Respondent

2. Chetan Verma Son Of Shri Pooran Mal Verma, R/o Plot No. 86-87, Indrapuri Colony, Brahmpuri, Jaipur.

----Complainant/Respondent

For Petitioner(s) : Mr. Shafiq Ur Rahman For Respondent(s) : Mr. Pankaj Agarwal, PP Mr. Sunil Kumar Jain for complainant(s)

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/01/2021 This criminal misc. petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.18/2021 dated 14.01.2021 registered at Police Station Nahargarh, District Jaipur City (North) for the offence under Sections 147, 148, 149, 323, 341, 427, 452 & 354 of IPC and Sections 3(1)(S) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015).

Learned counsel for the petitioners submitted that dispute arose out of minor scuffle between the neighbours leading to the present FIR against them and cross FIR bearing no.19/2021 dated 14.01.2021 by them against the complainant party. Relying on the compromise dated 19.01.2021, he contended that now the dispute has amicably been settled between the parties and prayed for quashing of the FIR. Learned counsel relied on the judgments of

(2 of 2) [CRLMP-694/2021]

Hon'ble Apex Court of India in the cases of Gian Singh Vs. State of Punjab & Anr.: JT 2012 (9) SC 426 and Narinder Singh & Ors. Vs. State of Punjab & Anr.: 2014 Cr.L.R. (SC) 351, in support of his submissions.

Learned Public Prosecutor opposed the criminal misc. 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 counsels for the parties and perused the record.

From the material on record, it appears that a minor dispute between neighbours led to cross FIRs and now the dispute has amicably been settled between them. In view of compromise between the parties and 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.

Resultantly, this criminal misc. petition is allowed. The FIR No.18/2021 dated 14.01.2021 registered at Police Station Nahargarh, District Jaipur City (North) for the offence under Sections 147, 148, 149, 323, 341, 427, 452 & 354 of IPC and Sections 3(1)(S) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) is quashed.

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /135

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