Allowed

Abhimanyu @ Guddu S/O Shri Kailash Babu v. State of Rajasthan

Rajasthan HC11 Feb 2021CRLMP/626/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed FIR No. 03/2021 registered under Sections 323, 341, and 379 of IPC arising from a trifling private dispute. Noting the amicable settlement between parties and their lack of criminal antecedents, the Court applied Apex Court precedents to allow the petition.

What did the court decide?

The FIR No. 03/2021 dated 01.01.2021 registered at Police Station Chandwaji for offences under Sections 323, 341, and 379 of IPC is quashed.

Abhimanyu @ Guddu S/O Shri Kailash Babu Vs State of… — 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. 626/2021

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Abhimanyu @ Guddu S/o Shri Kailash Babu, Aged About 32 Years, R/o Manpura, P.S. Chandwaji, District Jaipur, Rajasthan.

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Rajesh Kumar S/o Late Shri Ramchand, Aged About 32 Years, R/o Shyampura, P.S. Virat Nagar, District-Jaipur Rural.

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----Accused-Petitioners

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Versus

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State of Rajasthan, Through PP

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Pankaj Sain S/o Shri Ramjilal, Aged About 25 Years, R/o Peelwa, P.S. Chandwaji, Tehsil-Amer District-Jaipur, Rajasthan.

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----Complainant/Respondents

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For Petitioner(s)	: Mr. Hemant Kumar Sharma
For Respondent(s)	: Mr. F.R. Meena, P.P. Mr. Bhoopendra Singh Maderna, Mr. Rajendra Kumar, Acting S.H.O, P.S- Chandwaji

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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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In pursuance of direction of this Court dated 10.02.2021, affidavit dated 11.02.2021 has been filed by Mr. Rajendra Kumar, S.I., Police Station Chandwaji, Jaipur (Rural), holding charge of Station House Officer. The affidavit is taken on record. The explanation furnished in the affidavit for non-compliance of the direction of this Court is found to be satisfactory.

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This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.03/2021 dated 01.01.2021

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(2 of 3)

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[CRLMP-626/2021]

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registered at Police Station Chandwaji, District Jaipur (Rural) for offence under Section(s) 323, 341 & 379 of I.P.C.

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Learned counsel submitted that the FIR in question arises out of a dispute on a trifle incident between the parties, private in nature not involving any heinous offence. Relying on the affidavit of the complainant dated 12.01.2021, 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. versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 .

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Learned Public Prosecutor opposed the criminal miscellaneous petition; but, on the basis of status report, submitted that the petitioner has no criminal antecedents.

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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 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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(3 of 3)

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[CRLMP-626/2021]

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.03/2021 dated 01.01.2021 registered at Police Station Chandwaji, District Jaipur (Rural) for offence under Section(s) 323, 341 & 379 of I.P.C. is quashed.

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(MAHENDAR KUMAR GOYAL),J

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DANISH USMANI /221

Abhimanyu @ Guddu S/O Shri Kailash Babu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abhimanyu @ Guddu S/O Shri Kailash Babu v. State of Rajasthan

Case brief

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What did the court decide?

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