Allowed

Deepak Sharma S/O Shri Murari Lal Sharma v. State of Rajasthan

Rajasthan HC9 Feb 2021CRLMP/770/2021

Case brief

AI extract

What is this about?

Allowed criminal miscellaneous petition under Section 482 Cr.P.C. to quash FIR No.458/2020 citing post-filing compromise and private nature of dispute involving non-heinous offences under IPC Sections 323, 341, and 427.

What did the court decide?

FIR No.458/2020 dated 07.09.2020 registered at Police Station Shipra Path, District Jaipur City (South) for offences under Sections 323, 341 and 427 of I.P.C. is quashed.

Deepak Sharma S/O Shri Murari Lal Sharma 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. 770/2021

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Deepak Sharma S/o Shri Murari Lal Sharma, Resident Of 30/13/01, Swarn Path, Mansarovar, Jaipur, Rajasthan

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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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Harshit Agrawal S/o Shri Banwari Lal Agrawal, Resident Of 84/175, Dhawal Giri Marg, Mansarovar, Jaipur (Raj.)

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----Respondents

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For Petitioner(s)	: Mr. Pramod Kumar Sharma
For Respondent(s)	: Mr. F.R. Meena, PP
For Complainant	: Mr. Himanshu Agnihotri with
	Mr. Madan Mohan Navgadha

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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09/02/2021

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This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the FIR No.458/2020 dated 07.09.2020 registered at Police Station Shipra Path, District Jaipur City (South) for offence under Sections 323, 341 and 427 of I.P.C.

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Learned counsel submitted that the FIR in question arises out of minor scuffle between the parties who are residents of same village leading to cross FIR also, both not involving any heinous offence. Relying on the compromise dated 20.01.2021, he submitted that the matter has been settled amicably between the parties. The compromise has been verified and attested by the Registrar (Judl.) of the Rajasthan High Court, Jaipur Bench under direction of this Court dated 02.02.2021. Referring the judgments

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(2 of 2)

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[CRLMP-770/2021]

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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 , he prayed that FIR in question be quashed.

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Learned Public Prosecutor 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 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 allow this criminal miscellaneous petition.

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.458/2020 dated 07.09.2020 registered at Police Station Shipra Path, District Jaipur City (South) for offence under Sections 323, 341 and 427 of I.P.C is quashed.

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(MAHENDAR KUMAR GOYAL),J

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Sudha/107

Deepak Sharma S/O Shri Murari Lal Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Deepak Sharma S/O Shri Murari Lal Sharma v. State of Rajasthan

Case brief

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What did the court decide?

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