Rajasthan High Court
Pawan Kumar Sharma S/O Radheshyam ... vs State Of Rajasthan on 5 October, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6385/2021
1. Pawan Kumar Sharma S/o Radheshyam Sharma, Aged
About 61 Years, R/o Mukam Post Ranasar, Police Station
Nawalgarh, District Jhunjhunu (Raj). Presently R/o A-122,
Central Colony III, Road No. 09, Vishvakarma, Jaipur
(Raj).
2. Smt. Pappi Devi W/o Pawan Kumar Sharma, Aged About
51 Years, R/o Benad Road, Nadi Ka Phatak, Police Station
Jhotwara, Jaipur (Raj), Presently R/o A-122, Central
Colony III, Road No. 09, Vishvakarma, Jaipur (Raj).
----Accused-Petitioners
Versus
1. State Of Rajasthan, Through Its Public Prosecutor.
2. Heera Lal Sharma S/o Madan Lal Sharma, R/o 7/319,
Vidhyadhar Nagar, Jaipur (Raj).
----Complainant-Respondents
For Petitioner(s) : Mr. Anshuman Saxena
For Respondent(s) : Mr. Prashant Sharma, PP
Mr. Sharvan Saini for the complainant
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
05/10/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceeding under Sections
467, 468, 471 & 120-B of IPC in the Criminal Case No.1029/2018,
State versus Pawan Sharma & Ors. pending in the Court of learned
Additional Metropolitan Magistrate No.4, Jaipur Metropolitan-II,
Jaipur arising out of FIR No.375/2014 registered at Police Station
Vidhayakpuri, District Jaipur (South).
(2 of 3) [CRLMP-6385/2021]
Learned counsel for the petitioners submits that the Criminal
Case No.1029/2018 pending in the Court of learned Additional
Metropolitan Magistrate No.4, Jaipur Metropolitan-II, Jaipur arises
out of dispute between close relatives which is predominantly of
civil in nature. He submitted that the dispute has amicably been
settled between the parties and the learned trial Court has, vide
its order dated 20.03.2021, quashed the proceeding qua Section
420 & 406 of IPC being compoundable; but, declined to
acknowledge the same qua Sections 467, 468, 471 & 120-B of IPC
being non-compoundable. Referring 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, he prayed for quashing the pending criminal
proceeding against them.
Learned Public Prosecutor opposed the criminal
miscellaneous petition.
The complainant present in person alongwith his counsel
acknowledging the factum of amicable settlement of dispute
between the parties, submitted that he does not want to
prosecute the matter further against the petitioners and has no
objection if the criminal proceeding against the petitioners is
quashed.
Heard the learned counsels for the parties and perused the
record.
From the material on record, it is apparent that the dispute,
predominantly of civil in nature, has amicably been settled
between the parties and the learned trial Court vide its order
(3 of 3) [CRLMP-6385/2021]
dated 20.03.2021, quashed the proceeding qua Sections 420 &
406 of IPC on the basis of compromise. In view thereof 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.
Resultantly, this criminal miscellaneous petition is allowed.
Criminal proceeding under Sections 467, 468, 471 & 120-B of IPC
in the Criminal Case No.1029/2018, State versus Pawan Sharma &
Ors. pending in the Court of learned Additional Metropolitan
Magistrate No.4, Jaipur Metropolitan-II, Jaipur arising out of FIR
No.375/2014 registered at Police Station Vidhayakpuri, District
Jaipur (South) is quashed.
(MAHENDAR KUMAR GOYAL),J
Sudha/167
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