Petitioners sought quashing of FIR No.26/2021 under Section 482 Cr.P.C. due to a compromise. The court found the dispute settled amicably, relied on Supreme Court precedents, and deemed it just to quash the FIR and proceedings.
FIR No.26/2021 dated 3.2.2021 and consequential criminal proceedings were quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Shivraj Chauhan For Respondent(s) : Mr. Chandragupt Chopra, PP Mr. D.S. Naruka
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
12/07/2021
This criminal miscellaneous petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing FIR No.26/2021 dated 3.2.2021 registered at Police Station Bandar Sindari, District Ajmer for the offence under Sections 341, 323, 307 and 143 of IPC and consequential criminal proceeding.
Learned counsel for the petitioner as well as learned counsel for the complainant submitted that compromise has been arrived between the parties and they have settled their dispute. So, criminal proceedings pending between them, be set aside.
(2 of 2)
[CRLMP-2044/2021]
Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner.
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.26/2021 dated 3.2.2021 registered at Police Station Bandar Sindari, District Ajmer for the offence under Sections 341, 323, 307 and 143 of IPC and consequential criminal proceedings are quashed.
(NARENDRA SINGH DHADDHA),J
Brijesh 57.
2 issues framed by the court
Whether the FIR No.26/2021 should be quashed in view of the compromise between the parties.
Whether consequential criminal proceedings should be discontinued on account of the settlement.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabExplained¶23
Gian Singh Vs. State of Punjab (2012) 10 SCC 303 · Who else cites this
Narinder Singh Vs. State of PunjabExplained¶23
Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 · Who else cites this
1 provisions across 1 enactments
Bhagchand S/o Shri Shivraj
Mohan S/o Surajmal
State Of Rajasthan
Choturam S/o Panchuram Gurjar
Suresh S/o Chotu
Bholuram S/o Harchand
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
