Citation : 2021 Latest Caselaw 2557 Raj/2
Judgement Date : 1 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2978/2021
1. Jugal Kishor Son Of Shri Ramdhan Mahajan, Aged About
46 Years, R/o Mahaveer Colony, New Mandi Road Dausa
Rajasthan.
2. Revadmal Son Of Shri Ramswaroop Gupta, Aged About 43
Years, R/o Near Dugdh Dairy, Agra Road Dausa
Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Satynarayan Gupta Son Of Shri Ramdhan Mahajan, R/o
Gadholi, Presently Residing At Mahaveer Colony, New
Mandi Road Dausa Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ashish Nagarwal through VC For Respondent(s) : Mr. F.R. Meena, PP For Complainant : Mr. Kamal Kumar Gupta through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
01/07/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.230/2012 dated
05.05.2012 registered at Police Station Kotwali (Dausa), District
Dausa for offence under Sections 420 & 120-B of I.P.C. and
consequential criminal proceeding.
Learned counsel for the petitioners submitted that the
dispute between the parties is predominantly of civil nature and
the Investigating Agency has, after thorough investigation,
submitted negative final report. Relying on the compromise dated
(2 of 2) [CRLMP-2978/2021]
01.04.2021, he submitted that the matter has amicably been
settled between the parties. Referring the judgments of the
Hon'ble Apex Court of India in cases of Gian Singh versus State
of Punjab & Anr. reported in JT 2012 (9) SC-426 & Narinder
Singh & Ors. versus State of Punjab & Anr. reported in 2014
Cr.L.R. (SC) 351, he prayed that FIR in question and
consequential criminal proceeding be quashed.
Learned Public Prosecutor opposed the criminal
miscellaneous 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 and
consequential criminal proceeding are quashed.
Heard the learned counsels for the parties and perused the
record.
A perusal of the material on record shows that the dispute
between the parties has amicably been settled by them. In view of
compromise 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 and consequential criminal proceeding.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.230/2012 dated 05.05.2012 registered at Police
Station Kotwali (Dausa), District Dausa for offence under Sections
420 & 120-B of I.P.C. and consequential criminal proceeding are
quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/45
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