Rajasthan High Court
Gagan Meena S/O Shri Kunji Lal ... 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. 1399/2021
Gagan Meena S/o Shri Kunji Lal Meena, Aged About 23 Years,
R/o Singaniya, Police Station Balghat, District Karauli (Raj.)
----Accused/Petitioner
Versus
1. State Of Rajasthan, Through P.P.
----Respondent
2. Bhagwan Sahay S/o Ram Singh, R/o Plot No. 22, Nand
Vihar, Ghasio Ki Dhani In Front Of SBBJ (Now SBI) Bank,
Jagatpura, Jaipur (Raj.)
----Respondent/ Complainant
For Petitioner(s) : Mr. Narendra Prasad Meena
For Respondent(s) : Mr. Atul Sharma, PP
Mr. Abdul Kalam Khan
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.191/2018, State Vs. Alankar Meena & Ors. pending in the
Court of learned Additional Chief Judicial Magistrate No.4, Jaipur
Metropolitan-I, Jaipur for offence under Section 336 IPC arising
out of FIR No.476/2014 registered at Police Station Jawahar
Circle, District Jaipur.
Learned counsel for the petitioner submitted that the FIR in
question arises out of civil dispute between the parties and does
not involve any heinous offence which has amicably been settled.
He submitted that the learned trial Court has, vide order dated
03.02.2021, quashed the proceeding qua Sections 427 & 34 of
(2 of 3) [CRLMP-1399/2021]
I.P.C. being compoundable; but, declined to quash the
proceedings qua Section 336 I.P.C. being non-compoundable.
Relying on the judgments of the Hon'ble Supreme Court in cases
of 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 Section 336 I.P.C. 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.
A perusal of the material on record shows that the civil
dispute not involving any heinous offence between the parties has
amicably been settled by them and the learned trial Court vide its
order dated 03.02.2021, quashed the proceeding qua Sections
427 & 34 I.P.C. 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 to
quash the criminal proceeding pending against the petitioner.
Resultantly, this criminal miscellaneous petition is allowed.
The criminal proceeding in criminal case No.191/2018, State Vs.
Alankar Meena & Ors. pending in the Court of learned Additional
Chief Judicial Magistrate No.4, Jaipur Metropolitan-I, Jaipur for
offence under Section 336 IPC arising out of FIR No.476/2014
(3 of 3) [CRLMP-1399/2021]
registered at Police Station Jawahar Circle, District Jaipur, is
quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/210
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