Dharmendra Kumar S/O Shri Ramesh ... vs State Of Rajasthan
2021 Latest Caselaw 2558 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 3836/2020

Dharmendra Kumar S/o Shri Ramesh Chand, Aged About 28
Years, R/o Village Virar, PS Kaman, Distt. Bharatpur.
                                                        ----Accused/Petitioner
                                   Versus
1.     State Of Rajasthan, Through PP
                                                                ----Respondent

2. Kapil Vashishath W/o Sh. Shiv Hare Vashishath, Aged About 45 Years, R/o Kaman, PS Kaman, Distt. Bharatpur.

----Complainant-Respondent

For Petitioner(s) : Mr. Raj Kumar Goyal, through VC For Respondent(s) : Mr. Laxman Meena, P.P.

Mr. Sumit Khandelwal, for complainant, 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 of FIR No.389/18 registered at Police

Station Kaman, District Bharatpur for the offence under Section(s)

153A & 354A IPC and under Section(s) of 66A & 67 of Information

Technology Act, 2008.

Learned counsel for the petitioner submitted that the FIR in

question involves dispute arising out of minor misunderstanding

between the parties which has been amicably settled between

them. Learned counsel submitted that till date no charge sheet

has been filed. Relying on the judgment of the Hon'ble Supreme

Court in Gian Singh versus State of Punjab & Anr. reported in

JT 2012 (9) SC-426 & Narinder Singh & Ors. versus State of

(2 of 2) [CRLMP-3836/2020]

Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351., he

submitted that the FIR in question be quashed.

Learned Public Prosecutor has 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 is

quashed.

Heard learned counsels for the parties and perused the

record.

From the material on record, it is apparent that the dispute

has amicably been settled between the parties vide compromise

(Annexure-3) dated 26.08.2018. In view of compromise between

the parties and the law laid down by the Hon'ble Supreme Court in

case of Gian Singh (supra) & Narinder Singh (supra), this

Court deems it just and proper to quash the FIR in question.

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.389/18 registered at Police Station Kaman, District

Bharatpur for the offence under Section(s) 153A & 354A IPC and

under Section(s) of 66A & 67 of Information Technology Act, 2008

is quashed.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /18

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