Rajasthan High Court
Dharmendra Singh S/O Shri Laxman ... vs State Of Rajasthan on 17 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2203/2019
Dharmendra Singh S/o Shri Laxman Singh, R/o Hingonia, PS
Jobner, District Jaipur, Raj.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through PP
----Respondent
2. Smt. Sagar W/o Mukesh, R/o Koyla, PS Bamanwas,
District Sawaimadhopur.
----Complainant/Respondent
For Petitioner(s) : Mr. D.K. Dixit
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Mahander Meena
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
17/02/2021
This criminal miscellaneous petition under Section 482
Cr.P.C. has been filed for quashing the criminal proceeding in the
criminal case No.870/2017, State Vs. Kailash Kumar & Ors.
pending in the Court of learned Additional Chief Judicial
Magistrate, Gangapur City, District Sawai Madhopur arising out of
FIR No.45/2015 dated 21.03.2015 registered at Police Station
Bamanwas, District Sawai Madhopur for offence under Sections
201, 420, 467, 468, 471 & 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. He submitted that the learned trial
Court has vide order dated 26.06.2018, quashed the proceeding
(2 of 3) [CRLMP-2203/2019]
qua Section 420 IPC being compoundable; but, declined to quash
the proceedings qua Sections 467, 468, 471, 201 & 120-B being
non-compoundable. Relying on the judgment of the Hon'ble
Supreme Court in 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 the proceeding under Sections 467, 468,
471, 201 & 120-B 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 proceeding
arising out of FIR in question is quashed.
Heard learned counsels for the parties and perused the
record.
From the material on record, it is apparent that the dispute,
private and predominantly of civil nature, has amicably been
settled between the parties and the learned trial Court vide its
order dated 26.06.2018 quashed the proceeding qua Section 420
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
case of Gian Singh (supra) & Narinder Singh (supra), this
Court deems it just and proper to quash the criminal proceeding
pending against the petitioner.
Resultantly, this criminal miscellaneous petition is allowed.
The criminal proceeding in the criminal case No.870/2017, State
Vs. Kailash Kumar & Ors. pending in the Court of learned
Additional Chief Judicial Magistrate, Gangapur City, District Sawai
(3 of 3) [CRLMP-2203/2019]
Madhopur arising out of FIR No.45/2015 dated 21.03.2015
registered at Police Station Bamanwas, District Sawai Madhopur
for offence under Section 467, 468, 471, 201 & 120-B is quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/38
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