Deepak Singhal S/O Shri ... vs State Of Rajasthan
2021 Latest Caselaw 1538 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 89/2021

Deepak      Singhal       S/o       Shri       Bajranglal         Agarwal,    Haal
Sawaimadhopur, Sahar, Sawaimadhopur.
                                                                     ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through The Public Prosecutor.
2.      Deepak Chawla S/o Shri Kailash Chand, R/o Sahar,
        Sawaimadhopur.
                                                                  ----Respondents

For Petitioner(s)          :     Mr. Tarun Jain
For Respondent(s)          :     Mr. F.R. Meena, P.P.
                                 Mr. Vipul Jaiman

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.77/2019, the State of Rajasthan versus Deepak

pending in the Court of learned Special Judge SC/ST (Prevention

of Atrocities) arising out of FIR No.253/2019 registered at Police

Station Mantown, District Sawaimadhopur for offence under

Sections 323, 341 & 504 of IPC and Section 3(1)(D) of The

Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989

(for brevity "the Act of 1989).

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 02.12.2019, quashed the proceedings qua

(2 of 3) [CRLMP-89/2021]

Sections 323, 341 & 504 of IPC being compoundable; but,

declined to quash the proceedings qua Section 3(1)(D) of the Act

of 1989 being non-compoundable. Relying on the compromise

(Annexure-1) 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 3(1)(D) of the Act of 1989

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 02.12.2019 quashed the

proceedings qua Sections 323, 341 & 504 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 against the

petitioner.

Resultantly, this criminal miscellaneous petition is allowed.

The criminal proceedings in the criminal case No.77/2019, the

(3 of 3) [CRLMP-89/2021]

State of Rajasthan versus Deepak pending in the Court of learned

Special Judge SC/ST (Prevention of Atrocities) arising out of FIR

No.253/2019 registered at Police Station Mantown, District

Sawaimadhopur for offence under Section 3(1)(D) of the Act of

1989 are quashed.

(MAHENDAR KUMAR GOYAL),J

Manish/s-234

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