Quashing of FIR under Sections 323, 341 and 498A IPC after parties settled dispute through mediation. Court relied on Apex Court precedents on quashing upon settlement and quashed the FIR and any proceedings arising therefrom.
FIR No.743/2017 of PS Bayana under Sections 323, 341, 498A IPC and proceedings therefrom quashed and set aside.
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[2024:RJ-JP:38670]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 611/2018
Ishwari Prasad S/o Shri Ghanshyam, R/o Village Karanpura Post Moroli Daang Tehsil Roopbas District Bharatpur.
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. |
Harendra Singh |
|---|---|---|
| For Respondent(s) | : Mr. |
Vivek Chaudhary, Dy.G.A. |
| Ms. | Anjali Minocha |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
11/09/2024
This criminal miscellaneous petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing FIR No.743/2017 registered at Police Station Bayana, District Bharatpur for the offence under Sections 323, 341 and 498 A IPC and the criminal proceedings if any arose therefrom. This Court vide order dated 29.04.2024 directed the parties to appear before the Mediation Centre, Rajasthan High Court Bench, Jaipur on 10.05.2024 as there was a possibility of amicable settlement between them.
A report dated 15.05.2024 has been received from the Mediation Centre to the effect that the mediation remained successful. As per the report, both the parties entered into an
[2024:RJ-JP:38670]
[CRLMP-611/2018]
(2 of 2)
agreement with their mutual consent, which has been filed with the petition.
Learned Dy.G.A. has opposed the arguments.
Heard learned counsel for both the parties and perused the record.
A perusal of the material on record shows that the dispute between the parties has been amicably been settled between them. In view of 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 the criminal proceedings if any arose therefrom.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.743/2017 registered at Police Station Bayana, District Bharatpur for the offence under Section 323, 341 and 498 A IPC and the criminal proceedings if any arose therefrom are hereby quashed and set aside.
Pending application(s), if any, stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Ritu/210
1 issue framed by the court
Whether the FIR and criminal proceedings should be quashed in view of amicable settlement between the parties.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabRelied on¶22
(2012) 10 SCC 303 · Who else cites this
Narinder Singh Vs. State of PunjabRelied on¶22
(2014) 6 SCC 466 · Who else cites this
2 provisions across 2 enactments
Ishwari Prasad
State Of Rajasthan Through Pp.
Smt. Pooja
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
