Kunj Bihari Joshi S/O Sh. Kajodi ... vs State Of Rajasthan
2021 Latest Caselaw 276 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous (Petition) No. 241/2020

Kunj Bihari Joshi S/o Sh. Kajodi Lal Joshi, R/o Joshi Pada,
Todabhim, Distt. Karauli (Raj.)
                                                         ----Accused-Petitioner
                                    Versus
1.        State Of Rajasthan, Through P.P.
                                                                 -----Respondent

2. Rajesh Khabrani S/o Sh. Ramesh Kumar Khabrani, R/o House No. 61/233, Rajat Path, Mansarovar, Jaipur (Raj.)

----Complainant-Respondent

For Petitioner(s) : Mr. L.L. Gupta with Mr. Vikram Jonwal For Respondent(s) : Mr. Atul Sharma

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/01/2021 Despite service, none appears for the respondent no.2.

This criminal misc. petition has been filed with a prayer to

quash the criminal proceedings in criminal case no.800/2016

against the petitioner pending in the Court of learned Additional

Chief Judicial Magistrate (Criminal Riots), Jaipur Metropolitan,

Jaipur.

Learned counsel for the petitioner contended that the dispute

between the complainant and the petitioner being pre-dominantly

of civil and personal nature, was compromised between the

parties and they have submitted the compromise dated

11.12.2019 before the learned trial Court in this regard; but,

learned trial Court has, vide its order dated 11.12.2019, rejected

(2 of 2) [CRLMP-241/2020]

the application; the offences under Sections 467, 468, 471 and

120B IPC being non compoundable under the provisions of Section

320 Cr.P.C. Relying on the judgment of the Hon'ble Apex Court of

India in case of Gian Singh versus State of Punjab & Anr.: JT

2012 (9) SC-426, learned counsel submitted that the criminal

proceedings against the petitioner deserves to be quashed.

Learned Public Prosecutor opposed the criminal misc.

petition.

Heard learned counsels for the parties and perused the

record.

A perusal of the complaint filed by the respondent no.2

reveals that the dispute between him and the petitioner was of

civil and personal nature which, as per compromise dated

31.10.2019, has amicably been settled between them. In these

circumstances, in light of judgment of the Hon'ble Apex Court in

case of Gian Singh (supra), this Court deems it just and proper

to quash criminal proceedings in criminal case no.800/2016: State

Vs. Yamin & ors. pending in the Court of learned Additional Chief

Judicial Magistrate (Criminal Riots), Jaipur Metropolitan, Jaipur

qua the petitioner.

The criminal misc. petition is allowed in the aforesaid terms.

(MAHENDAR KUMAR GOYAL),J

MADAN MEENA /27

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