Rajasthan High Court
Natthi Singh S/O Shri Nihal Singh vs State Of Rajasthan on 21 October, 2021
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 862/2020
Natthi Singh S/o Shri Nihal Singh, R/o House No.13, Bhankarji
Palace Road, Karni Vihar, Jaipur. ----Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Dr. Vishal Kirti Jain S/o Shri C.k. Jain, R/o 42/3, Ahinsa
Parisar, Nijatpura, Ujjain, Mp, Presently R/o B-80, R/o
Doctors Rd Hostel, Police Station Moti Doongari, Jaipur.
----Respondents
For Petitioner(s) : Mr.Harendra Singh, Adv.
For Respondent(s) : Mr.Laxman Meena, Public Prosecutor.
Mr.Gopal Krishan Sharma, Adv. for
complainant.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
21/10/2021
The present miscellaneous petition has been filed under
Section 482 Cr.P.C. against the order dated 14.11.2018, passed by
the Additional Senior Civil Judge/Additional Chief Judicial
Magistrate No.1, Jaipur District, Jaipur, wherein the Court below
has refused to drop the proceedings on the basis of compromise
as the alleged offence in Criminal Case No.166/2016 relates to
offences under Sections 332, 353 IPC and Section 3/ 4 of
Rajasthan Medical Attendance Act, 2008 (hereafter the 'Act of
2008').
Learned counsel for the accused-petitioner submitted that an
FIR was lodged by the complainant on 18.01.2016 wherein it was
alleged that complainant was working as Senior Resident in
Neurology Department and on the fateful day one patient was
admitted there, where the alleged incident took place with the
relatives of the patient who was admitted in the hospital.
(2 of 3) [CRLMP-862/2020]
Learned counsel submitted that on the basis of FIR
No.11/2016, registered at Police Station Moti Dungri, Jaipur City
(East), the Police after registering FIR, filed charge-sheet against
the accused-petitioner for the offences under Sections 332, 353
IPC and Section 3/ 4 of the Act of 2008.
Learned counsel submitted that during pendancy of the trial
the petitioner and the complainant entered into a compromise on
14.11.2018 and both the parties do not want to pursue the case
further and as such, they requested to drop the proceedings.
Learned counsel for the petitioner submitted that vide
impugned order dated 14.11.2018, the Court below has refused to
drop the criminal proceedings under the compromise as the
offences are non-compoundable.
Learned counsel for the petitioner submitted that in a cross
case i.e. Criminal Case No.115/2018 (State Vs. Vishal Kirti Jain &
Ors.), the petitioner therein also entered into a compromise and
when compromise was not acted upon, Dr.Vishal Kirti Jain and
others filed S.B. Criminal Misc. (Petition) No.5884/2021
(Dr.Vishal Kirti Jain & Ors. Vs. State of Rajasthan & Anr.).
This Court on the basis of the judgment passed by the Apex
Court in the case of Gian Singh Vs. State of Punjab & Anr.
reported in [(2012) 10 SCC 303] held that the dispute between
the parties is private in nature and as such, allowed the
proceedings in Criminal Case No.115/2018 and dropped the
proceedings.
Learned counsel for the petitioner submitted that the present
case may also be decided in view of the compromise entered
between the parties and the order passed by the Coordinate
Bench of this Court in S.B. Criminal Misc. (Petition) No.5884/2021.
(3 of 3) [CRLMP-862/2020]
Learned counsel appearing for the complainant does not
dispute the fact of compromise being entered between the parties
and further order passed by this Court in S.B. Criminal Misc.
(Petition) No.5884/2021.
Learned Public Prosecutor submitted that power under
Section 482 Cr.P.C. can be exercised by this Court after
considering the entire facts.
Learned Public Prosecutor does not dispute passing of the
order dated 22.09.2021 in S.B. Criminal Misc. (Petition)
No.5884/2021.
This Court finds that the dispute between the parties seems
to be of private in nature and now the complainant and the
petitioner have settled the dispute amicably and as such, there is
no requirement of continuing the proceedings.
This Court further finds that the Coordinate Bench of this
Court in the case of Dr.Vishal Kirti Jain (supra) has also allowed
the petition and proceedings in Criminal Case No.115/2018 has
been quashed.
This Court, considering the entire legal position, facts of the
present case and for securing the ends of justice, allows the
present petition and directs that the Criminal Proceedings in Case
No.166/2016, pending before the Court of Additional Chief Judicial
Magistrate No.1, Jaipur District, Jaipur, arising out of FIR
No.11/2016, registered at Police Station Moti Doongari, Jaipur City
(East), for offences under Sections 332, 353 IPC and Section 3/4
of the Act of 2008 shall be dropped, quashed & set-aside.
The criminal misc. petition stands allowed.
(ASHOK KUMAR GAUR),J
Parul Sharma/Ramesh Vaishnav/17
Powered by TCPDF (www.tcpdf.org)
