Dahrmendra Vyas S/O Radheyshyam vs State Of Rajasthan
2021 Latest Caselaw 873 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

         S.B. Criminal Miscellaneous (Petition) No. 656/2021

Dharmendra Vyas S/o Radheyshyam, R/o 38 Brahmin Ka Mohalla
Near Govt. School Haundli Dingariya Bheem District Dausa (Raj)
At Present R/o 22 Navin Enclave Paladi Meena Kho Nagorian.
Jaipur City (East) District Jaipur (Raj).
                                                         ----Accused/Petitioner
                                      Versus
1.       State Of Rajasthan, Through P.P.
                                                                  ----Respondent

2. Pinky W/o Dharmveer Berwa, R/o 23 Navin Enclave Paladi Meena Kho Nagorian. Jaipur City (East) District Jaipur (Raj).

----Complainant/Respondent

For Petitioner(s) : Mr. Vipul Kumar Jaiman For Respondent(s) : Mr. Pankaj Agarwal, PP Mr. Tarun 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.409/2020 dated 24.12.2020

registered at Police Station Kho Nagorian, District Jaipur City

(East) for the offence under Section 376 of IPC and Section 3(2)

(v) of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989.

Learned counsel for the petitioner, relying on the

compromise dated 07.01.2021 executed between the parties,

submitted that the dispute has amicably been settled between

them. Referring contents of compromise, learned counsel

(2 of 3) [CRLMP-656/2021]

submitted that prosecutrix has admitted therein that FIR came to

be lodged under misconception and the petitioner did not commit

any offences against her. Learned counsel relied on the judgments

of 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 and judgments of this Court in the cases of Hardik Sharma

Vs. State of Rajasthan and Anr.: SB Criminal Misc. Petition

No.6271/2019, decided on 17.02.2020 and Bhimsingh Vs. State

of Rajasthan and Anr.: SB Criminal Misc. petition

No.1950/2020, decided on 03.07.2020, in support of his

contentions.

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.

A perusal of the compromise dated 07.01.2021 reveals that

the prosecutrix has admitted therein that she was lodged the FIR

under misconception and now the matter has amicably been

compromised between the parties. Since the matter has been

compromised between the parties, in view of law laid down by the

Hon'ble Apex Court of India in cases of Gian Singh (supra) &

Narinder Singh (supra) and by this Court in cases of Hardik

(3 of 3) [CRLMP-656/2021]

Sharma (supra) & Bhimsingh (supra), this Court deems it just

and proper to quash the FIR in question.

Resultantly, this criminal misc. petition is allowed. The FIR

No.409/2020 dated 24.12.2020 registered at Police Station Kho

Nagorian, District Jaipur City (East) for the offence under Section

376 of IPC and Section 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 is quashed.

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /119

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