Roopsingh S/O Murari vs State Of Rajasthan
2021 Latest Caselaw 1419 Raj/2

        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.

(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.

(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

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