Citation : 2021 Latest Caselaw 5606 Raj/2
Judgement Date : 5 October, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3614/2021
Pawan Kumar Meena S/o Shri Ramphool Meena, Aged About 27
Years, R/o Village And Post Khataipura Tehsil Bassi, District
Jaipur (Raj.)
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Shri Narayan Lal Meena S/o Jansiram Meena, R/o
Ramchandrapura, Tehsil Kotkhawada, P.s. Kotkhawada,
District Jaipur.
----Complainant-Respondents
For Petitioner(s) : Mr. Rajendra Singh Raghav For Respondent(s) : Mr. Prashant Sharma, PP Mr. Chaman Singh and Mr. Shamuddin Ansari 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.89/2018 dated 17.05.2018
registered at Police Station Kotkhawada, District Jaipur City
(South) for offence under Sections 143, 323, 341, 308, 379 and
427 of IPC.
Learned counsel for the petitioner submits that he is not
named in the FIR and while filing charge sheet against co-accused
persons, investigation was kept pending against him under Section
173(8) Cr.P.C. Drawing attention of this Court towards the
compromise deed dated 22.06.2021 executed in between him and
the complainant and another compromise deed dated even
entered into in between him and the injured Sita Ram Meena,
(2 of 2) [CRLMP-3614/2021]
learned counsel submitted that disputed, private 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 for quashing
the FIR in question.
Learned Public Prosecutor opposed the criminal
miscellaneous petition.
Learned counsel for the complainant acknowledging the
contents of compromise deed dated 22.06.2021, submitted that
he has no objection if the FIR in question is quashed qua the
petitioner.
Heard the learned counsels for the parties and perused the
record.
From the material on record, it is apparent that the dispute,
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 allow this criminal
miscellaneous petition.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.89/2018 dated 17.05.2018 registered at Police Station
Kotkhawada, District Jaipur City (South) for offence under
Sections 143, 323, 341, 308, 379 and 427 of IPC is quashed qua
petitioner.
(MAHENDAR KUMAR GOYAL),J MADAN/161
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