Gagan Meena S/O Shri Kunji Lal ... vs State Of Rajasthan
2021 Latest Caselaw 877 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 5798/2020

Gagan Meena S/o Shri Kunji Lal Meena, Aged About 23 Years, R/o
Singaniya Police Station Balghat Distt. Karauli Raj.

                                                            ----Accused-Petitioner

                                      Versus

1.      State Of Rajasthan, Through PP
                                                                  ----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-Claimant


For Petitioner(s)          :     Mr. Narendra Prasad Meena
For Respondent(s)          :     Mr. Atul Sharma, PP
                                 Mr. Abdul Rahim Khan

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

28/01/2021

This petition under Section 482 Cr.P.C. has been filed for

quashing of the criminal proceedings in Criminal Case No.73/2018,

State Vs. Gagan Meena & Ors. pending in the Court of learned

Additional Chief Judicial Magistrate No.2, District Jaipur, Jaipur

against the petitioner.

Learned counsel for the petitioner submitted that the criminal

proceedings arose out of minor private dispute between the parties

and now, the matter has been compromised between them. He

submitted that the learned trial Court has, vide order dated

25.06.2019, quashed the proceedings qua Sections 323, 341 I.P.C.

being compoundable; but, refused to quash the proceedings under

Section 394/34 I.P.C. being non-compoundable. Relying on the

judgments of Hon'ble Apex Court of India in cases of Gian Singh Vs.

(2 of 2) [CRLMP-5798/2020]

State of Punjab & Anr., JT 2012 (9) SC- 426 & Narinder Singh

& Ors. Vs. State of Punjab & Anr. reported in 2014 Cr.L.R. (SC)

351, learned counsel submitted that in view of the compromise

between the parties, the proceedings pending against him under

Section 394/34 I.P.C. be also quashed.

Learned Public Prosecutor has opposed the criminal

miscellaneous petition.

Learned counsel for the complainant acknowledging the factum

of compromise between the parties, submitted that he has no

objection if the proceedings pending against the petitioner are

quashed.

Heard the learned counsels for the parties and perused the

record.

A perusal of the record reveals that the criminal proceedings

arose out of minor dispute between the parties who were acquainted

with each-other since long which, has now been compromised.

Therefore, in view of 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 proceedings pending

against the petitioner under Section 394/34 of I.P.C.

Consequently, this petition is allowed. The criminal proceeding

pending against the petitioner in Criminal Case No.73/2018, State

Vs. Gagan Meena & Ors. in the Court of learned Additional Chief

Judicial Magistrate No.2, District Jaipur, Jaipur under Section 394/34

is quashed.

(MAHENDAR KUMAR GOYAL),J

PRAGATI/55

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