HIGH COURT OF JUDICATURE FOR RAJASTHAN - JAIPUR BEN
DEEPAK KUMAR SHARMA AND ANR – Appellant
Versus
STATE OF RAJASTHAN AND ANR – Respondent
CRLMP 878/2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 878/2018
1.
Deepak Kumar Sharma S/o Shri Hemraj Sharma, R/o
Rasala Mohalla, Village And Post Kathumar, Tehsil
Kathumar, District Alwar Raj.
2.
Mahender Kashmiri S/o Tirathram, R/o Kathumar, Tehsil
Kathumar, District Alwar Raj.
----Petitioners
Versus
1.
State Of Rajasthan Through Pp.
2.
Dharmendra Kumar S/o Shri Tara Singh Takan, Presently
Posted Rto, Kota, R/o Village Ardawata, Police Station
Chidawa, District Jhunjhunu Raj
----Respondents
For Petitioner(s)
:
Mr. Rajendra Sharma, Adv. on behalf
of Mr. Arvind Sharma, Adv.
For Respondent(s)
:
Mr. Mangal Singh Saini, PP
Mr. N. N. Sharma, Adv. on behalf of
Mr. Banwari Lal Sharma, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
16/08/2022
This criminal miscellaneous petition has been filed by the
petitioners under Section 482 Cr.P.C. for quashing FIR
No.489/2014 dated 20.10.2014 registered at Police Station Sewar,
District Bharatpur for the offence under Sections 417, 419, 468,
469 of IPC and proceedings pursuant thereto.
Learned counsel for the petitioners as well as learned
counsel for the respondent submitted that compromise has been
arrived between the parties and they have settled their dispute.
So, criminal proceedings pending between them, be set aside.
(2 of 2)
[CRLMP-878/2018]
Learned Public Prosecutor has opposed the arguments
advanced by learned counsel for the petitioners.
Learned counsel for the complainant acknowledging the
factum of compromise between the parties and submitted that he
has no objection if the FIR in question and consequential criminal
proceeding are quashed.
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 amicably been settled by them. In view of
compromise and 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, Narinder Singh Vs. State of Punjab (2014) 6 SCC
466 and Manoj Agarwal & Anr. Vs. The State of Uttar
Pradesh & Anr. decided on 04.03.2022 by the Hon’ble Supreme
Court, this Court deems it just and proper to quash the FIR in
question and consequential criminal proceeding.
Resultantly, this criminal miscellaneous petition is allowed.
The FIR No.489/2014 dated 20.10.2014 registered at Police
Station Sewar, District Bharatpur for the offence under Sections
417, 419, 468, 469 of IPC and proceedings pursuant thereto are
hereby quashed and set aside.
All the pending applications also stand disposed of.
(NARENDRA SINGH DHADDHA),J
Jatin /21