Rajasthan High Court
Ramswaroop S/O Sh. Maggaram 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. 6498/2020
Ramswaroop S/o Sh. Maggaram, R/o Surajgarh Police Station,
Surajgarh, District Jhunjhunu (Raj.)
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through P.P.
.........Respondent
2. Paliram S/o Late Sh. Hukmichand, R/o Surajgarh Police
Station, Surajgarh, District Jhunjhunu.
----Complainant-Respondent
For Petitioner(s) : Mr. Vikram Singh
For Respondent(s) : Mr. F.R. Meena, PP
For Complainant : Mr. Arpit Srivastava
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.319/2015, Paliram Vs. Ramswaroop & Ors. pending in the
Court of learned Additional Chief Judicial Magistrate, Pilani
(Jhunjhunu) arising out of FIR No.319/2015 dated 03.12.2015
registered at Police Station Surajgarh, District Jhunjhunu for offence
under Sections 420, 467, 468, 167 and 120-B of I.P.C.
Learned counsel for the petitioner submitted that the FIR in
question arises out of private dispute between the parties
predominantly of civil nature. Relying on the compromise dated
21.07.2020, he submitted that since the matter has been settled
amicably between the parties, the criminal proceedings arising out of
FIR in question are liable to be quashed in view of the judgments of
the Hon'ble Apex Court of India in cases of Gian Singh versus
(2 of 2) [CRLMP-6498/2020]
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.
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 the learned counsels for the parties and perused the
record.
From the material on record, it is apparent that the dispute,
private in nature and predominantly of civil nature, has amicably
been settled between the parties. In view of compromise and the law
laid down by the Hon'ble Apex Court of India in cases of Gian Singh
(supra) & Narinder Singh (supra), this Court deems it just and
proper to quash the criminal proceedings arising out of FIR in
question.
Resultantly, this criminal miscellaneous petition is allowed. The
the criminal proceedings in the criminal case No.319/2015, Paliram
Vs. Ramswaroop & Ors. pending in the Court of learned Additional
Chief Judicial Magistrate, Pilani (Jhunjhunu) arising out of FIR
No.319/2015 dated 03.12.2015 registered at Police Station
Surajgarh, District Jhunjhunu for offence under Sections 420, 467,
468, 167 and 120-B of I.P.C. are quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/80
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