Rajasthan High Court
Babu Lal Sharma S/O Late Shri Ram ... vs State Of Rajasthan on 6 October, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5198/2021
1. Babu Lal Sharma S/o Late Shri Ram Rai Sharma, Aged
About 38 Years, R/o Village Dudhly Ps Bassi District
Jaipur.
2. Sawan Kumar Alias Sharwan Kumar S/o Shri Gori
Shankar Sharma, Aged About 30 Years, R/o Village
Dudhly Ps Bassi District Jaipur.
3. Rajesh S/o Shri Ram Kalyan Sharma, Aged About 30
Years, R/o Village Dudhly Ps Bassi District Jaipur.
4. Ashish Kumar Sharma S/o Shri Gori Shankar Sharma,
Aged About 27 Years, R/o Village Dudhly Ps Bassi District
Jaipur.
5. Gokul Devi W/o Shri Gori Shankar Sharma, Aged About
50 Years, R/o Village Dudhly Ps Bassi District Jaipur.
6. Manbhar Devi W/o Late Shri Ram Rai, Aged About 65
Years, R/o Village Dudhly Ps Bassi District Jaipur.
7. Gori Shankar Sharma S/o Late Shri Ghasi Lal, Aged About
52 Years, R/o Village Dudhly Ps Bassi District Jaipur.
8. Kailash Sharma S/o Shri Ramkalyan Sharma, Aged About
33 Years, R/o Village Dudhly Ps Bassi District Jaipur.
9. Ramkalyan Sharma S/o Late Shri Ghasi Lal Sharma, Aged
About 60 Years, R/o Village Dudhly Ps Bassi District
Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Mahendra Kumar Sharma S/o Shri Hari Narayan Sharma,
Aged About 38 Years, R/o Village Dudhly Ps Bassi District
Jaipur.
----Respondents
For Petitioner(s) : Mr. Krishan Chander Sharma
For Respondent(s) : Mr. F.R. Meena, P.P.
For Complainant Mr. Kunal Sharma
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
(2 of 3) [CRLMP-5198/2021]
Order
06/10/2021
This criminal miscellaneous petition under Section 482
Cr.P.C. has been filed for quashing the FIR No.408/2021 dated
12.08.2021 registered at Police Station Bassi, District Jaipur City
(East) for offences under Sections 341, 323, 143 & 34 IPC.
Learned counsel for the petitioner submitted that it is a case
of version and cross-version arising out of minor dispute between
the parties who are neighbours relating to right of way which has
already been settled between them as is apparent from the
application dated nill attested by the Notary Public on 17.08.2021.
Relying on the compromise dated 17.08.2021, he submitted that
since the matter has amicably been settled between the parties,
the FIR in question is liable to be quashed in view of 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.
Learned Public Prosecutor opposing the prayer submitted
that none of the petitioners has any criminal antecedents.
Learned counsel appearing for the complainant
acknowledging the factum of compromise between the parties,
submitted that he 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 minor
dispute between the parties has amicably been settled by them on
the basis of compromise. In view thereof and the law laid down by
(3 of 3) [CRLMP-5198/2021]
the Hon'ble Supreme Court 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.408/2021 dated 12.08.2021 registered at Police
Station Bassi, District Jaipur City (East) for offences under
Sections 341, 323, 143 & 34 IPC is quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/171
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