The High Court of Rajasthan quashed an FIR and consequent proceedings under Section 482 CrPC and relevant IPC sections due to a settlement and compromise between the petitioner and complainant, relying on Supreme Court precedents.
FIR No.218/2020 dated 21.09.2020 and consequential criminal proceedings are quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1516/2021
----Petitioners
Versus
----Respondents
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
23/07/2021
This criminal miscellaneous petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing FIR No.218/2020 dated 21.09.2020 registered at Police Station Lakhanpur, District Bharatpur for the offence under Sections 323, 341, 427 and 363 of IPC and consequential criminal proceeding.
Learned counsel for the petitioners as well as learned counsel for the respondent submitted that compromise has been
(2 of 2) [CRLMP-1516/2021]
arrived between the parties and they have settled their dispute. So, criminal proceedings pending between them, be set aside.
Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioners.
Learned counsel for the complainant acknowledging the factum of compromise between the parties and submitted that he has no objection if the FIR in question and consequential criminal proceeding are quashed.
Heard learned counsel for both the parties and perused the record.
A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of compromise and the law laid down by the Hon’ble Apex Court of India in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 , this Court deems it just and proper to quash the FIR in question and consequential criminal proceeding.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.218/2020 dated 21.09.2020 registered at Police Station Lakhanpur, District Bharatpur for the offence under Sections 323, 341, 427 and 363 of IPC and consequential criminal proceedings are quashed.
(NARENDRA SINGH DHADDHA),J
Jatin /35
1 issue framed by the court
Whether the FIR and consequential criminal proceedings should be quashed given the compsomise between the parties.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabRelied on¶23
Gian Singh Vs. State of Punjab (2012) 10 SCC 303 · Who else cites this
Narinder Singh Vs. State of PunjabRelied on¶23
Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Narendra Singh
Devendra Singh
Fateh Singh
State Of Rajasthan
Neetu
Narendra Singh Dhaddha
As recorded by the court registry
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