Citation : 2021 Latest Caselaw 5591 Raj/2
Judgement Date : 5 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6310/2021
1. Shyam Prajapat S/o Bajrang Lal, Aged About 47 Years,
R/o Govindpur Bavri, P.S. Talera, District Bundi,
Rajasthan, India
2. Rohit S/o Shyam Prajapat, Aged About 27 Years, R/o
Govindpur Bavri, P.s. Talera, District Bundi, Rajasthan,
India
3. Sudhir S/o Shyam Prajapat, Aged About 22 Years, R/o
Govindpur Bavri, P.s. Talera, District Bundi, Rajasthan,
India
4. Ajay S/o Shyam Prajapat, Aged About 21 Years, R/o
Govindpur Bavri, P.s. Talera, District Bundi, Rajasthan,
India
5. Balli Mewara S/o Panna Lal, Aged About 30 Years, R/o
Jain Mandir Ke Pass, Ward No. 4, Jakhmoond, Jhakmund,
P.s. Talera, Distt. Bundi, Rajasthan, India.
6. Panna Mewara S/o Khem Chand, Aged About 60 Years,
R/o Jain Mandir Ke Pass, Ward No. 4 Jakhmoond,
Jhakhmund P.s. Talera, District Bundi, Rajasthan, India
----Accused/Petitioners
Versus
1. State Of Rajasthan, Through P.P.
2. Tulseeram S/o Amratlal Mevara, Aged about 33 years R/o
Jakhmund, P.s. Talera District Bundi, Rajasthan, India
----Respondents
For Petitioner(s) : Mr. Nitin Bhandari For Respondent(s) : Mr. Prashant Sharma, PP Mr. Atar Singh Gurjar for complainant
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
05/10/2021 This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.260/2021 registered at
(2 of 3) [CRLMP-6310/2021]
Police Station Talera, District Bundi for offence under Sections
143, 341, 323, 504 & 308 of IPC.
Learned counsel for the petitioners, relying on the
compromise dated 05.10.2021 executed in between the
complainant and injured persons on the one part and accused-
petitioners on the another part, submitted that they are business
partners and have settled the dispute amicably. The compromise
dated 05.10.2021 is taken on record. 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
has amicably been settled between the parties. In view thereof
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.260/2021 registered at Police
(3 of 3) [CRLMP-6310/2021]
Station Talera, District Bundi for offence under Sections 143, 341,
323, 504 & 308 of IPC. is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/99
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