Rajasthan High Court
Sanjay Kumar S/O Shri Jagdish Sain vs State Of Rajasthan on 5 October, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3879/2021
Sanjay Kumar S/o Shri Jagdish Sain, Aged About 28 Years, R/o
Village Baledi, Lapawali, District Karauli, Rajasthan. At Present
Residing At Plot No. 38 Prem Nagar-II Jhotwara, Jaipur
Rajasthan. Aadhar Card No. 666666349542 )
----Accused/Petitioner
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Victim-, W/o Shri Mahaveer Keer, Aged About 24 Years,
R/o Plot No.38, Prem Nagar II, Jhotwara, Jaipur (West)
Permanent Address Village Samrsa, Maanpur, Sheopur,
Madhya Pradesh, (Aadhar Card No.482502355311)
----Complainant/Respondent
For Petitioner(s) : Mr. Praveen Sharma
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Tarun Jain for complainant
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
05/10/2021
The matter comes up on an application (IA No.1/2021) for
deciding this criminal miscellaneous petition on the basis of
compromise between the parties.
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the FIR No.90/2021 registered at
Police Station Jhotwara, District Jaipur (West) for offence under
Sections 376 & 354 of IPC.
Learned counsel for the petitioner submitted that the FIR in
question came to be lodged by the complainant under some
misconception and now, the dispute has amicably been settled
(2 of 3) [CRLMP-3879/2021]
between them. Relying on the compromise deed dated 05.07.2021
executed between the parties and 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 & Saju P.R. Vs. State of Kerala, 2018 SCC
Online Ker 10821 and co-ordinate Bench judgments of this
Court in cases of Mubin Khan Vs. State of Rajasthan in S.B.
Criminal Appeal No.1302/2020 & Hardik Sharma Vs. State
of Rajasthan in S.B. Criminal Miscellaneous Petition
No.6271/2019, learned counsel for the petitioner prayed for
quashing the FIR in question.
Learned Public Prosecutor opposed the criminal
miscellaneous petition.
The complainant present in person alongwith her counsel
acknowledging the factum of compromise between the parties
submitted that the dispute has amicably been settled between
them and she does not want to prosecute the matter further.
Heard the learned counsels for the parties and perused the
record.
Since the dispute has amicably been settled between the
parties and the complainant does not want to prosecute the
matter further against the petitioner, in view of the law laid down
by the Hon'ble Apex Court of India in cases of Gian Singh
(supra), Narinder Singh (supra) & Saju P.R. (supra), and co-
ordinate Bench judgments of this Court in cases of Mubin Khan
(supra) & Hardik Sharma (supra), this Court deems it just and
proper to quash the FIR in question.
(3 of 3) [CRLMP-3879/2021]
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.90/2021 registered at Police Station Jhotwara, District
Jaipur (West) for offence under Sections 376 & 354 of IPC is
quashed.
The application stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/154
Powered by TCPDF (www.tcpdf.org)
