Rajasthan High Court
Roshan Lal Son Of Babulal 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. 4701/2021
1. Roshan Lal Son Of Babulal, R/o 21/3, Valmiki Colony,
Malviya Nagar, Jaipur.
2. Rakesh Son Of Shri Babulal, R/o 21/3, Valmiki Colony,
Malviya Nagar, Jaipur.
3. Babulal Son Of Shri Gopiram, R/o 21/3, Valmiki Colony,
Malviya Nagar, Jaipur.
4. Meeran Wife Of Shri Chiranjilal, R/o Valmiki Colony,
Malviya Nagar, Jaipur.
5. Ashish Son Of Shri Suresh, R/o Valmiki Colony, Malviya
Nagar, Jaipur.
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through P.P.
.........Respondent
2. Anita Devi Wife Of Late Shri Tarachand, Aged About 47
Years, R/o 21/5, Valmiki Colony, Malviya Nagar, Jaipur.
----Complainant/Respondents
For Petitioner(s) : Mr. Sandeep Kumar Meena
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Mahesh Suwalki for the
complainant
Anita Devi-complainant-present in
person
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.213/2021 dated
27.07.2021 registered at Police Station Malviya Nagar, District
Jaipur City (East) for offence under Sections 420, 406, 383, 384,
467, 468, 471 and 120-B of IPC.
(2 of 3) [CRLMP-4701/2021]
Learned counsel for the petitioners, drawing attention of this
Court towards the affidavit/compromise dated 05.08.2021
executed by the complainant Smt. Anita Devi, submitted that the
dispute, private and civil in nature, 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.
The complainant present in person alongwith her counsel
acknowledging the factum of amicable settlement of dispute
between the parties, submitted that she does not want to
prosecute the matter further against the petitioners and 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 and civil 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.
The FIR No.213/2021 dated 27.07.2021 registered at Police
Station Malviya Nagar, District Jaipur City (East) for offence under
(3 of 3) [CRLMP-4701/2021]
Sections 420, 406, 383, 384, 467, 468, 471 and 120-B of IPC is
quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/164
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