CRLMP/8026/2019 of MAHAVEER SON OF SHRI SURAJMAL Vs STATE OF RAJASTHAN on 20 December 2019

Order

20/12/2019

This criminal misc. petition has been filed seeking quashmentof the FIR No.266 dated 04.11.2019 registered with Police StationMangrol, District Baran for the offences under Sections 279 and304-A IPC on the strength of compromise between the parties.

It is contended by learned counsel for the petitioners thatthe FIR came to be lodged under bona fide mistake and wrongimpression. They have settled their dispute amicably andtherefore, the FIR in question be quashed.

Learned Public Prosecutor opposed the prayer.

Learned counsel appearing for the complainant-respondentsNo.2 and 3 supported the submissions made by learned counselfor the petitioners and prayed that the FIR in question be quashedas the parties have settled their dispute amicably and thecomplainant is not interested in prosecuting the matter further.

The accused-petitioner Mahaveer, complainant-Deendayaland Mahaveer, son of Shri Jailal, father of the deceasedarepresent in person and have submitted that in view of amicablesettlement of the dispute amongst them, the FIR be quashed.

Heard learned counsels for the parties and perused therecord. A perusal of the FIR reveals that it does not involve anyheinous offence as excepted by the Hon’ble Apex Court in the caseof Gian Singh Versus State of Punjab and Anr reported in JT

-2012 (9) SC426 . Therefore, keeping in view the fact that theparties have amicably settled their dispute and the FIR in questiondoes not involve any heinous offence, I deem it just and proper toquash the FIR No.266 dated 04.11.2019 registered with PoliceStation Mangrol, District Baran This criminal misc. petition is allowed accordingly.

(MAHENDAR KUMAR GOYAL),J