Bhagirath S/O Laxman Ram vs State Of Rajasthan
2021 Latest Caselaw 6558 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 5991/2021

1.     Bhagirath S/o Laxman Ram, R/o Bakhro Ki Dhani, Police
       Station Nechhawa District Sikar.
2.     Mahendra S/o Ganesh, R/o Bakhro Ki Dhani, Police
       Station Nechhawa District Sikar.
3.     Khadata Ram S/o Bega Ram, R/o Chelasi, Police Station
       Sadar District Sikar.
4.     Subhash S/o Ratan Singh, R/o Jagmalpura, Police Station
       Sadar District Sikar.
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Kesari Devi W/o Ladu Ram, R/o Bakhron Ki Dhani, Police
       Station Nechhawa District Sikar.
                                                                ----Respondents

For Petitioner(s)        :     Mr.Omprakash M.Dhand
For Respondent(s)        :     Mr.F.R.Meena, PP
                               Mr.D.P.Pujari, for complainant



             HON'BLE MR. JUSTICE FARJAND ALI

                         Judgment / Order

16/11/2021

The instant criminal misc. petition has been preferred by the

petitioners for quashing of all the proceedings in regular criminal

case no. 96/2012 (arose out of FIR No. 41/2011 lodged at P.S.

Nechhwa, Distt. Sikar) pending before learned ACJM, Laxmangarh,

Distt. Sikar for accusation of committing offence under Sections

420, 467, 468, 471 and 120B of IPC on the premise that the

parties have entered into a compromise.

(2 of 3) [CRLMP-5991/2021]

Learned counsel for the petitioners submits that since the

parties have arrived at a compromise as the dispute in between

them has been resolved amicably. The parties are residents of the

same area, therefore, in order to maintain harmony and good

relationship, the entire criminal proceedings before the trial court

may be quashed and set aside. He further contended that the

accused and the complainant party have moved an application for

dropping the proceedings before the learned trial court, but since

the offences under Sections 467, 468, 471 and 120B IPC are not

compoundable, therefore, the prayer so made has not been

acceded to. However, on the basis of compromise, the trial court

has allowed the compromise to the extent of accusation under

Section 420 IPC and proceedings to this extent has been dropped.

Learned counsel also submits that the dispute in between the

parties is essentially of a personal nature and the alleged offence

do not effect the society at large. Learned counsel placed reliance

on the judgment passed by Hon'ble Supreme Court in Gian Singh vs

State Of Punjab & Anr reported in JT 2012 (9) SC 426 whereby

the Hon'ble Apex Court held that offences which are private in

nature and not have serious impact on the society and

predominantly of civil nature arising from commercial, financial,

mercantile, civil partnership or such like transaction or the family

dispute where the wrong is basically private or personal in nature

and the parties have resolved their entire dispute, in this category

of cases, High Court may quash criminal proceedings, if in its

view, because of the compromise between the offender and

victim, the possibility of conviction is remote and bleak and

continuation of criminal case would put accused to great

oppression and prejudice and extreme injustice would be caused

(3 of 3) [CRLMP-5991/2021]

to him by not quashing the criminal case despite full and complete

settlement and compromise with the victim.

Admitting the facts as narrated above, Mr.D.P.Pujari, learned

counsel appearing for the complainant has verified the factum of

compromise and he too made a prayer for quashing of the

proceedings in order to maintain harmony in between the parties.

In this view of legal proposition, and considering the facts of

the case, where it appears that the dispute is essentially inter-see

between the parties and the same does not effect the society, this

court deems it appropriate to allow the instant criminal misc.

petition.

Accordingly, the instant criminal misc. petition is allowed and

the criminal trial pending before the court of ACJM, Laxmangarh,

Distt. Sikar in regular criminal case no. 96/2012 (arose out of FIR

No. 41/2011 lodged at P.S. Nechhwa, Distt. Sikar) for offences

under Sections 420, 467, 468, 471 and 120B of IPC and all

consequential proceedings are hereby quashed and set aside.

The stay application is also disposed of.

( FARJAND ALI),J

SANDEEP RAWAT /23/60

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