Allowed

Anand Singhal S/O Shri Mangi Lal v. State of Rajasthan

Rajasthan HC18 Feb 2021CRLMP/43/2021

Case brief

AI extract

What is this about?

The Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash an FIR registered for cheating and criminal breach of trust. Upon hearing counsel and perusing the record, the Court found the dispute to be of a trivial civil nature which had been amicably settled by compromise.

What did the court decide?

FIR No.239/2020 dated 23.12.2020 registered for offences under Sections 420 and 406 IPC is quashed.

Anand Singhal S/O Shri Mangi Lal 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. 43/2021

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Anand Singhal S/o Shri Mangi Lal, R/o D-111-A, Power House Road Banipark, Jaipur Raj.

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----Accused/Petitioner

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Versus

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State of Rajasthan, Through P.P.

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Lavnya Agarwal S/o Shri Omprakash Gupta, R/o 204, Paradaise Resensy, C 69, Sarojini Marg, Ashok Nagar, Jaipur City (South), Rajasthan.

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----Claimant-Respondents

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For Petitioner(s) : Mr. Gopal Singh Bareth For Respondent(s) : Mr. Rahul Sharma for complainant(s) Mr. Mangal Singh Saini, PP

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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18/02/2021

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This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.239/2020 dated 23.12.2020 registered at Police Station Vidhayakpuri, District Jaipur City (South) for offence under Sections 420 and 406 of IPC.

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Learned counsel for the petitioner submitted that the FIR in question arises out of trivial dispute between the parties predominantly of civil nature. Relying on the compromise dated 02.02.2021, 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) SC-426 & Narinder Singh & Ors.

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(2 of 2)

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[CRLMP-43/2021]

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versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 .

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Learned Public Prosecutor opposed the criminal misc. 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 trivial dispute predominantly of civil nature, 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.239/2020 dated 23.12.2020 registered at Police Station Vidhayakpuri, District Jaipur City (South) for offence under Sections 420 and 406 of IPC is quashed.

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(MAHENDAR KUMAR GOYAL),J

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MADAN MEENA /97

Anand Singhal S/O Shri Mangi Lal v. State of Rajasthan

Case brief

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Anand Singhal S/O Shri Mangi Lal v. State of Rajasthan

Case brief

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