Rajasthan High Court
Vishnu Son Of Kamlesh vs State Of Rajasthan on 30 January, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 773/2021
1. Vishnu Son Of Kamlesh, Aged About 15 Years, Minor
Through Natural Guardian Father Kamlesh Son Of
Brijmohan Age About 40 Years Resident Of Daulatpura,
Khandar, District Sawai Madhopur (Rajasthan)
2. Pawan Gurjar Son Of Kamlesh, Aged About 11 Years,
Minor Through Natural Guardian Father Kamlesh Son Of
Brijmohan Age About 40 Years Resident Of Daulatpura,
Khandar, District Sawai Madhopur (Rajasthan)
3. Narendra Son Of Ramphool, Aged About 15 Years,
Resident Of Dabich, Khandar, District Sawai Madhopur
(Rajasthan) Minor, Through Natural Guardian Father
Ramphool Son Of Moti, Resident Of Dabich Khandar,
District Sawai Madhopur (Rajasthan)
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
2. Victim daughter of Kedar Meena, aged about 17 years,
R/o Daulatpura, Police Station Khandar, District Sawai
Madhopur (Rajasthan) minor through natural guardian
father Kedar Son of Prabhulal, R/o Daulatpura, Police
Station Khandar, District Sawai Madhopur.
----Complainant/Respondents
For Petitioner(s) : Mr. Girish Khandelwal
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Ritesh Jain for complainant(s)
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
30/01/2021
This criminal misc. petition under Section 482 Cr.P.C. has
been filed for quashing the FIR No.15/2021 dated 11.01.2021
registered at Police Station Khandar, District Sawai Madhopur for
the offence under Sections 341, 323, 504, 354, 354-B, 379, 452
(2 of 3) [CRLMP-773/2021]
of IPC, Section 7/8 of Protection of Children from Sexual Offences
Act, 2012 and Sections 3(1)(r), 3(1)(S), 3(1)(w) & 3(1)(i) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989.
Relying on the compromise (Annexure-2), learned counsel
for the petitioners submitted that dispute has amicably been
settled between the parties and prayed for quashing the FIR in
question. 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, 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.
A perusal of the record reveals that the dispute between the
parties has amicably been settled. Therefore, in view of 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.15/2021 dated 11.01.2021 registered at Police Station
Khandar, District Sawai Madhopur for the offence under Sections
(3 of 3) [CRLMP-773/2021]
341, 323, 504, 354, 354-B, 379, 452 of IPC, Section 7/8 of
Protection of Children from Sexual Offences Act, 2012 and
Sections 3(1)(r), 3(1)(S), 3(1)(w) & 3(1)(i) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is
quashed.
(MAHENDAR KUMAR GOYAL),J
MADAN MEENA /92
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