HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 979/2021
Roopsingh S/o Murari, R/o Village Thikariya, Police Station
Batoda, District Sawaimadhopur.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Chhota Devi W/o Dharamraj, R/o Village Thikariya, Police Station Batoda, District Sawaimadhopur.
----Complainant-Respondent
For Petitioner(s) : Mr. Nitin Kumar Sharma for
Mr. Abhishek Haver
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Ravindra Kumar Paliwal
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 09/02/2021 This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings in the criminal case No.104/2018, State Vs. Roopsingh pending in the Court of learned Judicial Magistrate, Bamanwas, District Sawaimadhopur arising out of FIR No.119/2017 registered at Police Station Batoda, District Sawaimadhopur for offence under Sections 323, 341, 452, 354 & 379 of I.P.C. After investigation, the police submitted negative report against the petitioner for offence under Sections 323, 341, 452, 354 & 379 of I.P.C. The trial Court however took cognizance against the petitioner for offence under Sections 354 & 452 of I.P.C. (Downloaded on 10/02/2021 at 10:26:54 PM)
(2 of 3) [CRLMP-979/2021] Learned counsel for the petitioner submitted that the FIR in question arises out of a dispute on a trifle incident between the parties, who are family members leading to cross FIR, none involving any heinous offence. He submitted that the learned trial Court has, vide order dated 22.01.2021, declined to quash the proceedings qua Sections 354 & 452 of I.P.C. being non- compoundable. Relying on the compromise (Annexure 2) and judgments of the Hon'ble Supreme Court in cases 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 submitted that since the matter has amicably been settled between the parties, the proceedings under Section 354 & 452 of IPC be quashed.
Learned Public Prosecutor has opposed the criminal miscellaneous petition.
Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if the criminal proceedings arising out of FIR in question are quashed.
Heard learned counsels for 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 on the basis of compromise. In view of compromise between the parties and the law laid down by the Hon'ble Supreme Court 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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(3 of 3) [CRLMP-979/2021] Resultantly, this criminal miscellaneous petition is allowed. The criminal proceedings in the criminal case No.104/2018, State Vs. Roopsingh pending in the Court of learned Judicial Magistrate, Bamanwas, District Sawaimadhopur arising out of FIR No.119/2017 registered at Police Station Batoda, District Sawaimadhopur for offence under Section 354 & 452 of IPC are quashed.
(MAHENDAR KUMAR GOYAL),J PRAGATI/145 (Downloaded on 10/02/2021 at 10:26:54 PM) Powered by TCPDF (www.tcpdf.org)