Pooran Chand Bairwa S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 879 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 3412/2020

Pooran Chand Bairwa S/o Shri Ramsahay, aged About 46 Years,
R/o Bairwal Mohalla, Gurha Chandraji, Tehsil Nandauti, District
Karauli (Raj.)
                                                                         ----Petitioner
                                      Versus
1.         State Of Rajasthan, Through P.p.
2.         Rajkumar Meena S/o Shri Brijmohan, R/o Bukna, Police
           Station Sapotara, District Karauli (Raj.) Presently Junior
           Engineer Jvvnl, Gudha Chandraji, Tehsil Nandauti, District
           Karauli (Raj.)
3.         Sandeep Jaimini S/o Pooran Chand, R/o Gudha Chandraji,
           Tehsil Nandauti, District Karauli (Raj.)
                                                                     ----Respondents

For Petitioner(s) : Mr. Anil Sharma on behalf of Mr. Pushpendra Kumar Pandey For Respondent(s) : Mr. F.R. Meena, P.P. For Complainant Mr. Sandeep Bhagwati

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/01/2021

This criminal miscellaneous petition under Section 482 CrPC

has been filed with a prayer to quash the FIR No.130/2020

registered at Police Station Nadoti, District Karauli for the offences

under Sections 332 & 353 of IPC.

Relying on the letter of the complainant dated 07.07.2020

submitted with the Station House Officer, Police Station Nadoti,

District Karauli wherein, learned counsel for the petitioner

submitted that the matter has amicably been settled between the

parties and the complainant does not want to prosecute the

(2 of 2) [CRLMP-3412/2020]

proceedings further against the accused-petitioner Pooran Chand.

Learned counsel for the petitioner submitted that the dispute

between the parties being petty in nature, the FIR deserves to be

quashed on the basis of compromise between the parties. Learned

counsel relied on 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, in support of his

submissions.

Learned Public Prosecutor has opposed the 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 FIR reveals that a scuffle took place between

the parties at the spur of moment. Therefore, in view of the

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, the criminal miscellaneous petition is allowed

and the FIR No.130/2020 registered at Police Station Nadoti,

District Karauli is quashed.

(MAHENDAR KUMAR GOYAL),J

Manish/41

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