Rajasthan High Court
Bajrang Lal S/O Shri Ramchandra ... vs State Of Rajasthan on 25 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2249/2019
Bajrang Lal S/o Shri Ramchandra, R/o Rar Ki Dhani, Tan
Mundiyawas, Police Station Danta Ramgarh, Distirct Sikar, Raj.
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Surajbhan S/o Shri Bhagwan Singh, R/o Amarpura, Police
Station Danta Ramgarh, District Sikar, Raj.
----Complainant/Respondent
For Petitioner(s) : Ms. Sangeeta Kumari Sharma
For Respondent(s) : Mr. Prashant Sharma, PP
For Complainant : Ms. Sunita Pareek for
Mr. Mohammed Zubeir
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
25/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceeding in Criminal
Case No.3/2015, State Vs. Bajranglal pending in the Court of
learned Additional Chief Judicial Magistrate, Dantaramgarh,
District Sikar (Raj.) under Sections 420, 406, 467, 468 and 471
IPC arising out of FIR No.33/2013 registered at Police Station
Danta Ramgarh, District Sikar.
Learned counsel for the petitioner submitted that the
criminal proceeding arises out of private dispute between the
parties predominantly of civil nature. Relying on the compromise
dated 25.09.2018, she submitted that since the matter has been
settled amicably between the parties, the criminal proceeding is
(2 of 2) [CRLMP-2249/2019]
liable to be quashed in view of the judgments of the Hon'ble Apex
Court of India 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)
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 is
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 proceeding qua Sections
420, 406, 467, 468 and 471 of IPC also.
Resultantly, this criminal miscellaneous petition is allowed.
The criminal proceeding in Criminal Case No.3/2015, State Vs.
Bajranglal pending in the Court of learned Additional Chief Judicial
Magistrate, Dantaramgarh, District Sikar (Raj.) under Sections
420, 406, 467, 468 and 471 IPC arising out of FIR No.33/2013
registered at Police Station Danta Ramgarh, District Sikar is
quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/189
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