Kedar S/O Sh. Harinarayan Jat vs State Of Rajasthan
2021 Latest Caselaw 5597 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 4220/2020

Kedar S/o Sh. Harinarayan Jat, R/o Gram Kiwada, Tehsil Newai,
Distt. Tonk, Raj.

                                                                ----Petitioner

                                   Versus

1.     State Of Rajasthan, Through PP

2.     Vicitm W/o Sh. Panchuram Banwariya, R/o Banwariya ki
       Dhani, Bijolav, Police Station Narena, Distt. Jaipur (Raj.)

                                             ----Complainant/Respondents

For Petitioner(s) : Mr. Harendra Singh with Mr. Dharmendra Choudhary For Respondent(s) : Mr. Prashant Sharma, PP Mr. Rahul for complainant(s)

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.48/2020 registered at

Police Station Newai Sadar, District Tonk for offence under

Sections 376 and 342 of IPC.

Learned counsel for the petitioner submitted that FIR came

to be lodged against him under misconception. Relying on the

compromise dated 02.06.2020 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

(2 of 2) [CRLMP-4220/2020]

Sharma Vs. State of Rajasthan in S.B. Criminal

Miscellaneous Petition No.6271/2019, he prayed for quashing

the FIR in question.

Learned Public Prosecutor opposing the criminal

miscellaneous petition submitted that the petitioner does not have

any criminal record.

The complainant present in person along with her counsel

submitted that the FIR came to be lodged by her under

misconception and she was not subjected to any offence as

alleged therein. Acknowledging the contents of compromise dated

02.06.2020, she submitted that she does not want to prosecute

the matter further against the petitioner in FIR in question.

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.

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.48/2020 registered at Police Station Newai Sadar,

District Tonk for offence under Sections 376 and 342 of IPC is

quashed.

(MAHENDAR KUMAR GOYAL),J MADAN/159

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