Sanjay Sharma Son Of Late Shri ... vs State Of Rajasthan
2021 Latest Caselaw 5758 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 5035/2021

Sanjay Sharma Son Of Late Shri Gyarsi Lal Sharma, Resident Of
Plot No.123, Gadli Ki Dungri, Jaisinghpura Khor, Jaipur (Raj.)
                                                                  ----Petitioner
                                   Versus
1.     State of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent

2. Lal Chand Son of Shri Ram Pal, Aged About 36 Years, Resident of Plot No.438, Ambedkar Colony, Jaisinghpura Khor, Jaipur.

----Complainant-Respondent

For Petitioner(s) : Mr.Mahander Meena, Adv. For Respondent(s) : Mr.Laxman Meena, Public Prosecutor.

Mr.Kirodee Lal Meena, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

22/10/2021

This petition has been filed under Section 482 Cr.PC for

quashing the FIR No.342/2020 dated 17.07.2020 registered at

Police Station Brahmpuri, District Jaipur (North) for the offences

under Sections 420, 406, 467, 468, 471, 474 & 120-B of IPC and

Section 3 of SC/ST (Prevention of Atrocities) Act, 1989.

Learned counsel for the petitioner submitted that

initially FIR came to be lodged by the complainant against the

petitioner in respect of dispute relating to a plot purchased by the

petitioner from the Housing Society.

Learned counsel submitted that for the same incident,

the petitioner had also lodged an FIR No.89/2020 in Police Station

(2 of 3) [CRLMP-5035/2021]

Brahmpuri, District Jaipur (North) and Police after investigation

filed final report.

Learned counsel submitted that the complainant and

petitioner thereafter have entered into compromise and a copy of

the compromise dated 13.07.2021 has already been filed before

this Court.

Learned counsel submitted that the FIR which has been

lodged against the petitioner, primarily reflects a dispute with

respect to transaction of property and offences are of civil nature.

Learned counsel submitted that in view of judgment

passed by the Apex Court in the case of Ramgopal & Ors. Vs.

The State of Madhya Pradesh, Criminal Appeal Nos.1488 &

1489/2012 decided on 29.09.2021, wherein the Court held that

non-compoundable offences may be compounded by this Court

while exercising its power under Section 482 of Cr.P.C. The

relevant para of the judgment passed in the case of Ramgopal &

Ors. Versus The State of Madhya Pradesh (supra) is quoted as

hereunder:-

"19. We thus sum-up and hold that as opposed to Section 320 Code of Criminal Procedure where the Court is squarely guided by the compromise between the parties in respect of offences 'compoundable' within the statutory framework, the extra-ordinary power enjoined upon a High Court Under Section 482 Code of Criminal Procedure or vested in this Court Under Article 142 of the Constitution, can be invoked beyond the metes and bounds of Section 320 Code of Criminal Procedure Nonetheless, we reiterate that such powers of wide amplitude ought to be exercised carefully in the context of quashing criminal proceedings, bearing in mind:

(3 of 3) [CRLMP-5035/2021]

(i) Nature and effect of the offence on the conscious of the society;

(ii) Seriousness of the injury, if any;

(iii) Voluntary nature of compromise between the Accused and the victim; &

(iv) Conduct of the Accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations."

Learned counsel for the Complainant does not dispute

the fact of execution of compromise entered into between the

parties.

Learned Public Prosecutor has opposed the prayer.

This Court finds that primarily the allegation levelled in

the FIR was with respect to dispute of residential plot between the

complainant and the accused-petitioner and later on, they have

entered into the compromise and as such, they have settled their

dispute with regard to possession of the plot in question.

This Court, considering the nature of allegation levelled

against the petitioner in the FIR, the dispute being amicably

settled by the parties as the same is of civil nature and as per law

laid down by the Apex Court in the case of Ramgopal (supra),

allows the present criminal misc. petition. Accordingly, the FIR

No.342/2020 dated 17.07.2020 registered at Police Station

Brahmpuri, District Jaipur (North) is quashed and set aside.

(ASHOK KUMAR GAUR), J

Himanshu Soni/Preeti Asopa/24

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