Rajasthan High Court
Jakir Hussain Son Of Shri ... vs State Of Rajasthan on 1 July, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3160/2021
1. Jakir Hussain Son Of Shri Sarfuddin, R/o Ward No. 17,
Nagauri Mohalla, Kaswa Chaksu, Tehsil Chaksu, District
Jaipur
2. Ifran Khan @ Shanu Son Of Shri Nasaru Khan, R/o Ward
No. 17 Kaswa Chaksu, Tehsil Chaksu, District Jaipur
----Accused/Petitioners
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Heera Lal Raigar Sonof Shri Kishor Lal Raigar, R/o Ward No.
15, Raigaro Ka Mohalla, Chaksu District Jaipur
----Respondent/Complainant
For Petitioner(s) : Mr. Jiya Ur Rahman through VC
For Respondent(s) : Mr. Atul Sharma, PP
Mr. Mohammed Zubeir 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 the FIR No.63/2021 dated 04.02.2021
registered at Police Station Chaksu, District Jaiupr City (South) for
offence under Sections 323 & 341 of I.P.C. and Sections 3(1)(r), 3(1)
(S) & 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989.
Learned counsel submitted that the FIR in question arises out
of a minor dispute between the parties and does not involve any
heinous offence. Relying on the compromise (Annexure 2) attested
by Notary on 23.04.2021, he submitted that the matter has amicably
(2 of 2) [CRLMP-3160/2021]
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 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 is 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 not involving any heinous offence, has amicably
been settled between the parties. 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.
Resultantly, this criminal miscellaneous petition is allowed qua
the petitioners. The FIR No.63/2021 dated 04.02.2021 registered at
Police Station Chaksu, District Jaiupr City (South) for offence under
Sections 323 & 341 of I.P.C. and Sections 3(1)(r), 3(1)(S) & 3(2)(va)
of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/52
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