Rajasthan High Court
Salim Chauhan S/O Haji Hasan vs State Of Rajasthan on 26 March, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1252/2020
1. Salim Chauhan S/o Haji Hasan, Resident Of 235, Komfuli
Una III, Junagadh And Raniape Bakra Mandi, Sabarmati,
Ahamedabad Currently Residing At Ambedkar Tower,
Classic Home Juapura Home, F Block 308, Ahmedabad.
2. Mohammad Shafi Hasan Chauhan S/o Hasan Ahmed
Chauhan, Aged About 47 Years, Residing At Al-Vasai,
Near Baniyas Metro, Deradubai, U.A.E.
3. Ashfaq S/o Amirmahmand Shabbir Kureshi, Resident Of
273 Raniape, Behind Bakra Mandi, Vyapariyon Ka
Mohalla, Ahmedabad.
----Accused/Petitioners
Versus
1. State Of Rajasthan, Through PP
----Respondent
2. Ambalal, Chairman Of Bakra Mandi, Ajmer,
R/o Dehli Gate, Bahar Purani Bakra Mandi, Ajmer PS Ganj
Ajmer, Rajasthan
----Complainant/Respondent
For Petitioner(s) : Mr. Mahendra Singh Rathore for
Mr. Abdul Samad
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Rahul Agarwal for complainant(s)
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
26/03/2021
Learned counsel for the petitioners has submitted the
compromise dated 19.02.2020 for perusal of this Court which is
taken on record.
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the proceeding in criminal case
no.1456/2021 pending in the Court of learned Judicial Magistrate
(2 of 3) [CRLMP-1252/2020]
No.5, Ajmer arising out of FIR No.163/2017 dated 16.05.2017
registered at Police Station Ramganj, District Ajmer for the offence
under Sections 406 and 420 IPC.
Learned counsel for the petitioners submitted that the
criminal proceeding arises out of private dispute between the
parties predominantly of civil nature. Relying on the compromise
dated 19.02.2020, he submitted that since the matter has
amicably been settled between them, the criminal proceeding in
question is 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) 351.
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 in
question 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 pending against
the petitioners.
(3 of 3) [CRLMP-1252/2020]
Resultantly, this criminal miscellaneous petition is allowed.
The proceeding in criminal case no.1456/2021 pending in the
Court of learned Judicial Magistrate No.5, Ajmer arising out of FIR
No.163/2017 dated 16.05.2017 registered at Police Station
Ramganj, District Ajmer for the offence under Sections 406 and
420 IPC is quashed.
The pending application stands disposed of accordingly.
(MAHENDAR KUMAR GOYAL),J
MADAN/24
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