Citation : 2021 Latest Caselaw 2545 Raj/2
Judgement Date : 30 June, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3527/2021
Ramesh Gurjar Son Of Sh Ram Karan Gurjar, Resident Of Village
Mundala, Opposite Tejaji Mandir, Jamva Ramgarh, Jaipur Rural,
Jaipur.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
---Non-petitioner no.1
2. Mukesh Kumar Son Of Sh. Shyam Lal, Resident Of
Heerawala Police Station Jamva Ramgarh, Tehsil Jamva
Ramgarh, Jaipur, Rural, Jaipur.
----Complainant/non-petitioner no.2
For Petitioner(s) : Mr. Manu Bhargava through VC
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Ram Babu Khandelwal for complainant through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order
30/06/2021 This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.209/2021 dated
13.06.2021 registered at Police Station Jamvaramgargh, District
Jaipur Rural for offence under Section(s) 143, 341, 323 & 188 of
IPC, Section 51(b) of Disaster Management Act, 2005 and
Sections 4 & 5 of the Rajasthan Epidemic Diseases Act, 2020.
Learned counsel submitted that the FIR in question arises
out of minor dispute between the parties who are resident of same
vicinity and does not involve any heinous offence. Relying on the
compromise dated 17.06.2021, he submitted that the matter has
amicably been settled between the parties. Referring the
(2 of 2) [CRLMP-3527/2021]
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.
From the material on record, it is apparent that the dispute,
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 allow this criminal miscellaneous petition.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.209/2021 dated 13.06.2021 registered at Police
Station Jamvaramgargh, District Jaipur Rural for offence under
Section(s) 143, 341, 323 & 188 of IPC, Section 51(b) of Disaster
Management Act, 2005 and Sections 4 & 5 of the Rajasthan
Epidemic Diseases Act, 2020 is quashed.
(MAHENDAR KUMAR GOYAL),J
MADAN/87
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