Allowed

Umesh S/O Shri Prahalad v. State of Rajasthan

Rajasthan HC9 Jul 2021CRLMP/2670/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed an FIR and consequential proceedings filed under various IPC sections after finding that the dispute between the petitioners and respondents was amicably settled via compromise, applying precedent on settlement in criminal cases.

What did the court decide?

FIR No.560/2020 and consequential criminal proceedings under IPC Sections 143, 323, 341, 354, 427 and 452 are quashed.

Umesh S/O Shri Prahalad Vs State of Rajasthan — 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. 2670/2021

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Umesh S/o Shri Prahalad, R/o Village- Dabir, TehsilSapotra, Police Station Sapotra, District Karauli (Raj).

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Dharmendra S/o Shri Prahalad, R/o Village- Dabir, TehsilSapotra, Police Station Sapotra, District Karauli (Raj).

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Akalesh S/o Umesh, R/o Village- Dabir, Tehsil-Sapotra, Police Station Sapotra, District Karauli (Raj).

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Prahalad S/o Bhomla, R/o Village- Dabir, Tehsil-Sapotra, Police Station Sapotra, District Karauli (Raj).

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Narottam S/o Ramdhan, Aged About 25 Years, R/o Village- Dabir, Tehsil-Sapotra, Police Station Sapotra, District Karauli (Raj).

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Smt. Pinki W/o Narottam, Aged About 20 Years, R/o Village- Dabir, Tehsil-Sapotra, Police Station Sapotra, District Karauli (Raj).

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Kamla W/o Ramdhan, R/o Village- Dabir, Tehsil-Sapotra, Police Station Sapotra, District Karauli (Raj).

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----Respondents

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For Petitioner(s)	:	Mr. Arvind Sharma, Adv. through VC
For Respondent(s)	:	Mr. Chandragupt Chopra, PP
		Mr. Atul Bhardwaj, Adv. through VC

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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09/07/2021

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This criminal miscellaneous petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing FIR No.560/2020 dated 13.12.2020 registered at Police Station Sapotra, District Karauli for the offence under Sections 143, 323,

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(2 of 2)

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[CRLMP-2670/2021]

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341, 354, 427 and 452 of IPC and consequential criminal proceeding.

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Learned counsel for the petitioners as well as learned counsel for the respondents submitted that compromise has been arrived between the parties and they have settled their dispute. So, criminal proceedings pending between them, be set aside.

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioners.

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Learned counsel for the complainant acknowledging the factum of compromise between the parties and submitted that they have no objection if the FIR in question and consequential criminal proceeding are quashed.

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Heard learned counsel for both the parties and perused the record.

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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.

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.560/2020 dated 13.12.2020 registered at Police Station Sapotra, District Karauli for the offence under Sections 143, 323, 341, 354, 427 and 452 of IPC and consequential criminal proceedings are quashed.

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(NARENDRA SINGH DHADDHA),J

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Jatin /39

Umesh S/O Shri Prahalad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Umesh S/O Shri Prahalad v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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