Rajasthan High Court
Hemraj Sharma S/O Late Shri ... 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. 6315/2021
1. Hemraj Sharma S/o Late Shri Shambhu Dayal Sharma,
Aged About 48 Years, Resident Of Plot No. 194, Green
Park, Dadi Ka Phatak, Benar Road, Jaipur ( Raj.)
Presenltly Residing At Plot No. 19 Green Park Vistar,
Benaar Road Jaipur ( Raj.)
2. Santosh Sharma S/o Late Shri Shambhu Dayal Sharma,
Aged About 44 Years, Resident Of Plot No. 194, Green
Park, Dadi Ka Phatak, Benar Road, Jaipur ( Raj.)
Presenltly Residing At Plot No. 19 Green Park Vistar,
Benaar Road Jaipur ( Raj.)
3. Smt. Mamta Sharma W/o Shri Satyanarayan Sharama
D/o Shambhu Dayal Sharma, Aged About 40 Years,
Resident Of Plot No. 13 Brij Vatika, Benar Road, Jaipur
( Raj.)
4. Smt. Chandr Kanta Sharma W/o Shri Satyanarayan
Sharma D/o Shambhu Dayal Sharma, Aged About 49
Years, Resident Of Plot No. 114, Khatiyon Ka Mohalla,
Nangal Jaisa Bohara, Jaipur ( Raj.)
5. Smt. Sunita Sharma W/o Tikam Chand Sharma, Aged
About 45 Years, Resident Of Plot No. 194, Green Park,
Dadi Ka Phatak, Benar Road, Jaipur ( Raj.) Presenltly
Residing At Plot No. 19 Green Park Vistar, Benaar Road
Jaipur ( Raj.)
6. Rohit Sharma S/o Shri Tikam Chand Sharma, Aged About
24 Years, Resident Of Plot No. 194, Green Park, Dadi Ka
Phatak, Benar Road, Jaipur ( Raj.) Presenltly Residing At
Plot No. 19 Green Park Vistar, Benaar Road Jaipur ( Raj.)
7. Gourav Sharma S/o Shri Tikam Chand Sharma, Aged
About 21 Years, Resident Of Plot No. 194, Green Park,
Dadi Ka Phatak, Benar Road, Jaipur ( Raj.) Presenltly
Residing At Plot No. 19 Green Park Vistar, Benaar Road
Jaipur ( Raj.)
8. Anil Kumar Choudhary S/o Shri Ramkaran Choudhary,
Aged About 36 Years, Resident Of Plot No. 195, Green
Park, Dadi Ka Phatak, Benar Road, Jaipur ( Raj.)
----Petitioners
Versus
(Downloaded on 05/10/2021 at 10:45:42 PM)
(2 of 3) [CRLMP-6315/2021]
1. State Of Rajasthan, Through Public Prosecutor., Raj High
Court Jaipur Bench Jaipur.
2. Smt. Rekha Badhara(Sharma) W/o Shri Santosh Badhara,
Aged About 46 Years, Resident Of Plot No. Ga-87,
Bhawani Nagar, Murlipura Sikar Road, Jaipur ( Raj.)
3. The Station House Officer, Police Station Kardhani, Jaipur
(West) Jaipur Metro, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vipul Kumar Jaiman
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Kamal Kant Sharma
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.533/2021 registered at
Police Station Kardhani, District Jaiupr(West) for offence under
Sections 420, 406 & 120-B of IPC.
Learned counsel for the petitioners, relying upon the
compromise deed dated 26.09.2021 executed in between the
parties, submitted that the dispute, predominantly of civil and
private in nature, has amicably been settled between them.
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.
(3 of 3) [CRLMP-6315/2021]
The complainant present in person alongwith her counsel
acknowledging the factum of compromise between the parties,
submitted that she 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,
predominantly of civil and private in nature, 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.533/2021 registered at Police
Station Kardhani, District Jaiupr(West) for offence under Sections
420, 406 & 120-B of IPC is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/102
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