Rajasthan High Court
Shankar Lal Son Of Sh. Chunilal vs State Of Rajasthan on 4 October, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5215/2021
1. Shankar Lal Son Of Sh. Chunilal, Resident Of Near
Irrigation Department, RTO Road, Udhyog Nagar,
(Rajasthan).
2. Ahok Kumar Son Of Sh. Rameshwar Lal, Resident Of
Village And Post Lalasi, Via Khuri Badi, Tehsil
Lachmangarh, District Sikar (Rajasthan).
3. Prahalad Rai Son Of Daluram, Resident Of Village And
Post Dantru, Tehsil Fatehpur, District Sikar (Rajasthan).
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
-----Non-Petitioner
2. Prakash Chand Son Of Sh. Chunilal, Resident Of Near
Irrigation Department, Rto Road, Udhyog Nagar,
(Rajasthan).
----Complainant/Victim/Respondent
For Petitioner(s) : Mr. Amit Singh Shekhawat
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Yash Tiwari for complainant(s)
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
04/10/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.451/2021 dated
25.07.2021 registered at Police Station Udhyog Nagar, District
Sikar for offence under Sections 341, 323, 365, 504, 506 & 34 of
IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Learned counsel submitted that the FIR in question arises
out of some misunderstanding between the parties who are
brothers. Relying on the compromise dated 16.08.2021 executed
(2 of 2) [CRLMP-5215/2021]
by the complainant, he submitted that the matter has amicably
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.
From the material on record, it is apparent that the dispute,
private in 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 allow this criminal
miscellaneous petition.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.451/2021 dated 25.07.2021 registered at Police
Station Udhyog Nagar, District Sikar for offence under Sections
341, 323, 365, 504, 506 & 34 of IPC and Sections 3(1)(r), 3(1)(s)
& 3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 is quashed.
(MAHENDAR KUMAR GOYAL),J
MADAN/83
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