Rajasthan High Court
Dhara Singh S/O Shri Ramraj Singh 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. 5689/2020
1. Dhara Singh S/o Shri Ramraj Singh, Aged About 40 Years,
R/o Rudor, Rondkala, District Karauli (Raj.)
2. Ramotar S/o Shri Prem, Aged About 24 Years, R/o Rudor,
Rondkala, District Karauli (Raj.)
3. Devendra Singh @ Lala S/o Shri Kanji Gurjar, Aged About
28 Years, R/o Rudor, Rondkala, District Karauli (Raj.)
4. Janak Singh S/o Shri Haricharan, Aged About 23 Years,
R/o Rudor, Rondkala, Tehsil And District Karauli (Raj.)
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
----Respondent
2. Rajkumar S/o Shri Gangiram, Aged About 26 Years,
Residence Of Ganwda Meena, P.S. Sadar Hindoncity,
District Karauli (Raj.).
----Complainant-Respondent
For Petitioner(s) : Mr. Arvind Sharma with
Ms. Shweta Sharma
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Brijesh Kumar Bhardwaj 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.77/2020 dated 07.04.2020
registered at Police Station Sadar, District Karauli for the offence
under Sections 143, 341, 323 of IPC and Sections 3(1)(S)(R) &
3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989.
(2 of 3) [CRLMP-5689/2020]
Relying on the affidavit of the complainant Rajkumar dated
21.09.2020, learned counsel for the petitioner submitted that
dispute between the parties being trifle in nature, has amicably
been settled by way of compromise 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, not involving any heinous offence, has amicably been
settled by way of compromise. 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.77/2020 dated 07.04.2020 registered at Police Station Sadar,
District Karauli for the offence under Sections 143, 341, 323 of
IPC and Sections 3(1)(S)(R) & 3(2)(va) of the Scheduled Castes
(3 of 3) [CRLMP-5689/2020]
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is
quashed.
(MAHENDAR KUMAR GOYAL),J
MADAN MEENA /49
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