Rajasthan High Court
Radheyshyam Son Of Late Shri ... vs State Of Rajasthan on 23 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1414/2021
1. Radheyshyam Son Of Late Shri Baluram, Aged About 70
Years, Resident Of Khatipura, Goner Road, Near Railway
Phatak, Police Station Khoh Nagoriyan, Village
Govindpura, District Jaipur (Raj.)
2. Jagdish Narayan Son Of Sitaram Meena, Aged About 44
Years, Resident Of Khatipura, Goner Road, Near Railway
Phatak, Police Station Khoh Nagoriyan, Village
Govindpura, District Jaipur (Raj.)
3. Sitaram Meena Son Of Shri Baluram, Aged About 61
Years, Resident Of Khatipura, Goner Road, Near Railway
Phatak, Police Station Khoh Nagoriyan, Village
Govindpura, District Jaipur (Raj.)
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
----Respondent
2. Man Singh Mehta Son Of Shri Amar Singh Mehta, Aged
About 66 Years, Resident Of Ramsaran Dham, Surana
Farm, Heerapura Power House, Ajmer Road, Jaipur, At
Present Resident Of 301 Ok Plus, Opposite Togya
Hospital, C-Scheme, Jaipur (Raj.)
----Complainant/Respondent
For Petitioner(s) : Mr. Kirodee Lal Meena
For Respondent(s) : Mr. Atul Sharma, PP
Mr. Babu Lal Choudhary through VC
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
23/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceeding in criminal
case No.16/2018, State Vs. Radheshaym & Ors. pending in the
(2 of 3) [CRLMP-1414/2021]
Court of learned Metropolitan Magistrate No.3, Jaipur
Metropolitan-II, Jaipur for offence under Sections 467, 468 &
120-B of I.P.C. arising out of FIR No.59/2007 registered at Police
Station Malviya Nagar, District Jaipur (East).
Learned counsel for the petitioner submitted that the FIR in
question arises out of private dispute between the parties
predominantly of civil nature which has amicably been settled. He
submitted that the learned trial Court has, vide order dated
03.02.2021, quashed the proceeding qua Section 420 IPC being
compoundable; but, declined to quash the proceedings qua
Sections 467, 468 & 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 & 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,
being private and predominantly of civil nature, has amicably been
settled between the parties and the learned trial Court vide its
order dated 03.02.2021, quashed the proceeding qua Section 420
IPC on the basis of compromise. In view of compromise between
(3 of 3) [CRLMP-1414/2021]
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 criminal case No.16/2018, State Vs.
Radheshaym & Ors. pending in the Court of learned Metropolitan
Magistrate No.3, Jaipur Metropolitan-II, Jaipur for offence under
Sections 467, 468 & 120-B of I.P.C. arising out of FIR No.59/2007
registered at Police Station Malviya Nagar, District Jaipur (East), is
quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/213
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