Allowed

Nasardeen S/O Abdul Rahman, v. State of Rajasthan

Rajasthan HC12 Dec 2022CRLMP/6071/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash FIR No. 335/2022. The Court was satisfied that the accused and the complainant entered into a valid compromise, resolving the dispute amicably, and held the FIR liable to be quashed citing Gian Singh. The applications also disposed.

What did the court decide?

FIR No. 335/2022 registered with Police Station NEB, Alwar is quashed and set aside.

Nasardeen S/O Abdul Rahman, Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 6071/2022

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Nasardeen S/o Abdul Rahman, Resident Of Samola, Police Station Aravali Vihar, Alwar.

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Sahnaz @ Kala S/o Abdul Rahman, Resident Of Samola, Police Station Aravali Vihar, Alwar.

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Arshad S/o Abdul Rahman, Resident Of Samola, Police Station Aravali Vihar, Alwar.

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Irshad S/o Ajru, Resident Of Dev Kheda, Police Station N.E.B., Alwar.

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Subhash Agarwal S/o Late Shri Sunder Lal, R/o 47, Arya Nagar, Police Station Kotwali, Alwar, District Alwar.

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----Respondents

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For Petitioner(s) : Mr. Kapil Gupta For Respondent(s) : Mr. Arvind Sharma-PP For Complainant(s) Mr. Lokendra Singh

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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12/12/2022

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By way of filing this criminal misc. petition under Section 482 Cr.P.C, the accused petitioners have approached this Court with a prayer to quash the FIR No. 335/2022 registered with Police Station NEB, Alwar for the offences under Sections 420 and 504 of IPC.

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Learned counsel for the petitioners submits that during the pendency of the investigation, the parties have entered into a compromise and the written compromise has been placed before

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(2 of 2)

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[CRLMP-6071/2022]

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the Investigating Officer, who has verified the same pursuant to the order dated 31.10.2022 passed by this Court.

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Learned counsel for the complainant-respondent accepts the

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factum of compromise and he has no objection, if the FIR in question is quashed and set aside by this Court. Counsel further submits that parties have entered into a compromise and have resolved their dispute amicably.

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In view of the aforesaid and considering the submissions made on behalf of the respective parties and the material available for perusal of this Court and also considering the fact that the parties have settled their dispute amicably and the present case is wholly covered by the principle of law laid down by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303, the aforesaid FIR is liable to be quashed in view of the compromise arrived at between the parties.

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In view of the above, this criminal miscellaneous petition is allowed and the FIR No. 335/2022 registered with Police Station NEB, Alwar is quashed and set aside.

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Stay application and pending application(s), if any, also stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/116

Nasardeen S/O Abdul Rahman, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Nasardeen S/O Abdul Rahman, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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