Rajasthan High Court
Dr. Manish Choudhary S/O Harvir ... vs State Of Rajasthan on 11 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1110/2021
Dr. Manish Choudhary S/o Harvir Singh, Having Its Residence At
Rigved Hospital, Indira Nagar, Hiradas Circle, Bharatpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Girish Parashar S/o Moolchand Parashar, Aged About 55
Years, Resident Of F-22 E, Sumer Nagar Vistar, V.t. Road
Ke Samne Mansrover, Jaipur.
----Respondents
For Petitioner(s) : Mr. Pranjal Singh
For Respondent(s) : Mr. F.R. Meena, P.P.
Mr. Sumer Sharma
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
11/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceedings in the
criminal case No.141/2018, State versus Manish Choudhary
pending in the Court of learned Metropolitan Magistrate No.11,
Jaipur Metropolitan, Jaipur arising out of FIR No.412/2017
registered at Police Station Ashok Nagar District Jaipur City
(South) for offence under Sections 353, 506, 507, 504, 419 & 384
of IPC and Sections 66-D & 66-B of the IT Act.
Learned counsel for the petitioner submitted that the FIR in
question arises out of a trifle dispute and does not involve any
heinous offence. He submitted that the learned trial Court has,
vide order dated 06.01.2021, quashed the proceedings qua
(2 of 3) [CRLMP-1110/2021]
Sections 506, 504, 419 of IPC and Sections 66-D & 66-B of the IT
Act being compoundable; but, declined to quash the proceedings
qua Sections 353, 384 & 507 of IPC being non-compoundable.
Relying on the compromise dated 06.01.2021 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
Sections 353, 384 & 507 of IPC be also 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 and the
learned trial Court vide its order dated 06.01.2021 quashed the
proceedings qua Sections 353, 384 & 507 of IPC 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 quash the criminal proceedings pending against
the petitioner.
Resultantly, this criminal miscellaneous petition is allowed.
The criminal proceedings in the criminal case No.141/2018, State
(3 of 3) [CRLMP-1110/2021]
versus Manish Choudhary pending in the Court of learned
Metropolitan Magistrate No.11, Jaipur Metropolitan, Jaipur arising
out of FIR No.412/2017 registered at Police Station Ashok Nagar
District Jaipur City (South) for offence under Sections 353, 384 &
507 of IPC are quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/165
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