Allowed

Narpat Singh v. State of Rajasthan and Anr.

Rajasthan HC11 Feb 2021CRLMP/2133/2015

Case brief

AI extract

What is this about?

The Jaipur Bench quashed an FIR registered for offences under Sections 447, 453 and 406 IPC. Relying on the Supreme Court's guidance and a private settlement between the parties, the Court held the dispute was civil in nature and quashed the criminal proceeding to avoid unnecessary litigation.

What did the court decide?

FIR No. 87/2015 for offences under Sections 447, 453 and 406 IPC was quashed.

Narpat Singh Vs State of Rajasthan and Anr. — Quashing and FIR | 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. 2133/2015

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Narpat Singh son of Shri Amar Singh, Resident of B-18/B-10, Takht-E-Shahi Road, J.L.N. Marg, Jaipur

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----Accused-Petitioner

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Versus

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1.State of Rajasthan through P.P.

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----Respondent

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2.Shree Chand Jain son of Late Shri Gulab Chand, Resident of House No.1502, Sonthali Walon Ka Rasta, Chaura Rasta, Jaipur

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----Complainant-Respondent

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For Petitioner(s) : Mr. Deepak Chauhan For Respondent(s) : Mr. F.R. Meena, PP Mr. Rahul Kamwar for complainant

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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11/02/2021

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This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.87/2015 dated 03.03.2015 registered at Police Station Gandhi Nagar, District Jaipur City (East) for offence under Sections 447, 453 and 406 of IPC.

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Learned counsel for the petitioner submitted that the FIR in question arises out of private dispute between the parties predominantly of civil nature, not involving any heinous offence. Relying on the compromise dated 11.02.2021, 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)

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(2 of 2)

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[CRLMP-2133/2015]

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SC-426 & Narinder Singh & Ors. versus State of Punjab &

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Anr. reported in 2014 Cr.L.R. (SC) 351 .

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Learned Public Prosecutor has 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, private in nature and predominantly of civil nature, 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.87/2015 dated 03.03.2015 registered at Police Station Gandhi Nagar, District Jaipur City (East) for offence under Sections 447, 453 and 406 of IPC is quashed.

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(MAHENDAR KUMAR GOYAL),J

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MADAN MEENA /5

Narpat Singh v. State of Rajasthan and Anr.

Case brief

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Narpat Singh v. State of Rajasthan and Anr.

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