Rajasthan High Court
Babu Lal Swami S/O Shri Bhagwan Das ... vs State Of Rajasthan on 26 March, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2851/2020
1. Babu Lal Swami S/o Shri Bhagwan Das Swami, R/o Dhani
Bad Nagarwali, Tan Pragpura, Tehsil Paota, Distt. Jaipur.
2. Krishna Swami S/o Shri Rameshwar Das, R/o Dhani Bad
Nagarwali, Tan Pragpura, Tehsil Paota, Distt. Jaipur.
3. Ramswaroop Swami S/o Shri Hahumandas, R/o Dhani
Bad Nagarwali, Tan Pragpura, Tehsil Paota, Distt. Jaipur.
4. Ramkaran Swami S/o Shri Rameshwar Das, R/o Dhani
Bad Nagarwali, Tan Pragpura, Tehsil Paota, Distt. Jaipur.
----Accused/Petitioners
Versus
1. State Of Rajasthan, Through PP
----Respondent
2. Ashok Choudhary S/o Shri Harphool Choudhary, R/o
Bhaislana, Tehsil Paota, Distt. Jaipur.
3. Kailash Vashishtha S/o Shri Vishwanath, R/o Lalana,
Tehsil Paota, Dist. Jaipur.
----ComplainantRespondents
For Petitioner(s) : Mr. Dheeraj Tripathi
For Respondent(s) : Mr. F.R.. Meena, PP
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
26/03/2021
In pursuance of direction of this Court, learned Public
Prosecutor has submitted the status report dated 25.03.2021
furnished by SHO, Police Station Pragpura, Jaipur (Rural) which is
taken on record. As per the status report, investigation is over;
but, conclusion of the investigation is yet to be submitted with the
Court concerned. Learned Public Prosecutor further submits that
the none of the petitioner has any criminal antecedent.
(2 of 3) [CRLMP-2851/2020]
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.113/2018 dated
12.03.2018 registered at Police Station Pragpura, District Jaipur
(Rural) for offence under Sections 420, 467, 468, 471 & 120-B of
I.P.C.
Learned counsel for the petitioners submitted that the FIR in
question arises out of private dispute between the parties
predominantly of civil nature. Relying on the compromise
notarized on 01.07.2020, 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 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 opposed the prayer.
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,
private in nature and predominantly of civil nature, 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.
(3 of 3) [CRLMP-2851/2020]
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.113/2018 dated 12.03.2018 registered at Police
Station Pragpura, District Jaipur (Rural) for offence under Sections
420, 467, 468, 471 & 120-B of I.P.C. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/128
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