Citation : 2021 Latest Caselaw 2565 Raj/2
Judgement Date : 2 July, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3245/2021
Naresh Pal Devaniya S/o Shri Babu Lal, Aged About 34 Years,
R/o 280, Harijan Mohalla, Village Dada Fatehpur, Police Station
Khetri, District Jhunjhunu, Rajasthan.
----Petitioner/Accused
Versus
1. State Of Rajasthan, Through Public Prosecutor.
Respondent
2. Archana Prasad W/o Kundan Prasad, R/o House No. 09, Sector-07, Rhb Colony, Bhiwadi, Alwar, Rajasthan.
----Respondent/Complainant
For Petitioner(s) : Ms. Apeksha Tiwari through VC For Respondent(s) : Mr. F.R. Meena, P.P.
Mr. Durgesh Tanwar through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
02/07/2021
This criminal miscellaneous petition under Section 482
Cr.P.C. has been filed for quashing the FIR No.32/2021 dated
23.03.2021 registered at Police Station Mahila Thana, Bhiwadi,
Police District Bhiwadi for offence under Section 456, 354, 506 &
509 IPC and criminal proceeding arising out in pursuance thereof.
Learned counsel for the petitioner submitted that the FIR in
question arises out of minor dispute between the parties who are
well known to each other and does not involve any heinous
offence. Relying on the compromise dated 04.05.2021, he
submitted that since the matter has amicably been settled
between the parties, the FIR in question is liable to be quashed in
view of the judgments of the Hon'ble Apex Court of India in cases
(2 of 2) [CRLMP-3245/2021]
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.
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 and
criminal proceeding arising out in pursuance thereof are quashed.
Heard the learned counsels for the parties and perused the
record.
A perusal of the material on record shows that the minor
dispute between the parties has amicably been settled by them on
the basis of compromise. In view of compromise between the
parties and the law laid down by the Hon'ble Supreme Court in
cases of Gian Singh (Supra) & Narinder Singh (supra), this
Court deems it just and proper to quash the FIR in question and
criminal proceeding arising out in pursuance thereof.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.32/2021 dated 23.03.2021 registered at Police Station
Mahila Thana, Bhiwadi, Police District Bhiwadi for offence under
Section 456, 354, 506 & 509 IPC and criminal proceeding arising
out in pursuance thereof are quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/51
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