Allowed

Indar Singh S/O Shri Ram Hari Gurjar v. State of Rajasthan

Rajasthan HC15 Feb 2021CRLMP/151/2021

Case brief

AI extract

What is this about?

The High Court quashed the FIR registered against the petitioner and others for offences under IPC and the SC/ST Act. The dispute arose from a minor neighbour disagreement that was amicably settled via a compromise after the parties reached an agreement on the matter.

What did the court decide?

The FIR No.429/2020 dated 05.12.2020 registered at Police Station Todabheem, District Karauli is quashed.

Indar Singh S/O Shri Ram Hari Gurjar Vs State of… — Service and Employment | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 151/2021

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Indar Singh S/o Shri Ram Hari Gurjar, R/o Jaisni, Tehsil And Police Station Todabheem, District Karauli, Rajasthan.

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----Accused/Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Somotya Ram S/o Shri Gillu Ram, R/o Jaisni, Tehsil And Police Station Todabheem, District Karauli, Rajasthan.

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Laxman S/o Chhotya Ram, R/o Jaisni, Tehsil And Police Station Todabheem, District Karauli, Rajasthan.

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Neerja Devi W/o Somotya Ram, R/o Jaisni, Tehsil And Police Station Todabheem, District Karauli, Rajasthan.

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Muneem D/o Somotya Ram, R/o Jaisni, Tehsil And Police Station Todabheem, District Karauli, Rajasthan.

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Charan Daas S/o Gillu Ram, R/o Jaisni, Tehsil And Police Station Todabheem, District Karauli, Rajasthan.

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----Complainant/injured/Respondents

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For Petitioner(s)	: Mr. Manoj Kumar Avasthi
For Respondent(s)	: Mr. F.R. Meena, P.P.
For Complainant	Mr. Rajesh Kumar Pareek

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

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15/02/2021

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This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.429/2020 dated 05.12.2020 registered at Police Station Todabheem, District Karauli for offence under Sections 143, 341, 323, 354 & 379 of IPC and Section 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 (for brevity “the Act of 1989”).

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Learned counsel for the petitioner submitted that the FIR in question arises out of a minor dispute between the parties who are neighbours and does not involve heinous offence. Relying on the compromise (Annexure-2), he submitted that since the matter

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(2 of 2)

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[CRLMP-151/2021]

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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 .

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Learned Public Prosecutor opposed the criminal miscellaneous petition.

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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.

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Heard the learned counsels for the parties and perused the record.

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From the material on record, it is apparent that the dispute, not involving any heinous offence, has amicably been settled between the parties. In view of compromise 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.

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.429/2020 dated 05.12.2020 registered at Police Station Todabheem, District Karauli for offence under Sections 143, 341, 323, 354 & 379 of IPC and Section 3(1)(r), 3(1)(s) & 3(2)(va) of the Act of 1989, is quashed.

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(MAHENDAR KUMAR GOYAL),J

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Manish/98

Indar Singh S/O Shri Ram Hari Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Indar Singh S/O Shri Ram Hari Gurjar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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