Rajasthan High Court
Alankar Meena Son Of Shri ... vs State Of Rajasthan on 27 January, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 565/2021
Alankar Meena Son Of Shri Mansharam, Resident Of Village
Gazipur, Post Brijwari, Tehsil Bhusawar District Bharatpur,
Presently As Tenant Plot No.47 Block A, Shiksha Vihar,
Jagatpura, Jaipur (Raj)
----Accused-Petitioner
Versus
1. State Of Rajasthan, Through PP
----Respondent.
2. Bhagwan Sahay Son Of Shri Ramsingh Meena, Resident
Of Plot No.22, Nanda Vihar, In Front Of SBBJ Bank,
Jagatpura, Jaipur (Raj)
----Claimant-Respondent
For Petitioner(s) : Mr. Neeraj Sharma
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Harsh Vardhan Sharma
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
27/01/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceedings against the
petitioner in criminal case No.191/2018, State Vs. Alankar Meena,
pending in the Court of learned Additional Senior Civil Judge and
Additional Chief Metropolitan Magistrate No.4, Jaipur Mahanagar-I
under Section 336 of I.P.C.
Learned counsel for the petitioner submitted that the
matrimonial dispute has amicably been settled between the parties.
He submitted that vide its order dated 11.01.2021, the learned trial
Court has quashed the proceedings under Sections 447 & 34 I.P.C
being compoundable on the basis of compromise between the
parties; but, rejected the same qua Section 336 I.P.C being non-
(2 of 2) [CRLMP-565/2021]
compoundable. He prayed that in view of the compromise between
the parties, further proceedings under Section 336 of I.P.C. be also
quashed against the petitioner. He relied upon the judgments of
Hon'ble Apex Court of India in cases of Gian Singh Vs. State of
Punjab & Anr., JT 2012 (9) SC- 426, B.S. Joshi & Ors. Vs.
State of Haryana & Anr., 2003 Cri.L.J. 2028 & Narinder Singh
& Ors. Vs. State of Punjab & Anr. reported in 2014 Cr.L.R. (SC)
351 in this regard.
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 proceedings pending against the
petitioner under Section 336 of I.P.C. are also quashed.
Heard learned counsels for the parties and perused the record.
From the material on record, this Court is satisfied that the
matrimonial dispute between the parties has amicably been settled
by way of compromise. In view of compromise and law laid down by
Hon'ble Apex Court of India in cases of Gian Singh (supra), B.S.
Joshi (supra) & Narinder Singh (supra), criminal proceeding
against the petitioner in criminal case No.191/2018, State Vs.
Alankar Meena pending in the Court of learned Additional Senior Civil
Judge and Additional Chief Metropolitan Magistrate No.4, Jaipur
Mahanagar-I under Section 336 of I.P.C. is quashed.
Resultantly, this criminal miscellaneous petition is allowed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/155
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