Smt. Kavita Sharma D/O Shri ... vs Vinod Kumar Sharma S/O Late Shri ...
2022 Latest Caselaw 4 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous Application No. 338/2021

                                       In

            S.B. Criminal Misc. Petition No. 3389/2020

Smt. Kavita Sharma D/o Shri Omprakash Sharma, R/o Near
Khatiyon Ka Temple, Gordhanpura, P.s. Gumanpura Kota
                                                                   ----Petitioner
                                   Versus
1.     Vinod Kumar Sharma S/o Late Shri Ramratan Sharma,
       R/o Street No. 3, Nai Basti, Ambika Colony, Bihariganj
       Ajmer.
2.     State Of Rajasthan, Through P.p.
                                                                ----Respondents

For Petitioner(s)        :     Mr. A.K. Bharadwaj.
For Respondent(s)        :     Mr. Ramesh Choudhary, PP.
                               Mr. Anurag Mathur, for Complainant.



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

03/01/2022

By way of instant criminal misc. application, modification of

the order dated 27.09.2021 has been sought by the counsel for

the parties. It is jointly submitted that since the parties have

settled their dispute amicably and the complainant of FIR No.

252/2014 (FR No. 368/2014) does not wish to pursue the matter

and subsequently passed an order dated 28.02.2017 by the JM

No.6, Ajmer regarding taking cognizance of the offence under

Section 495 IPC. However, since the offence under Section 495 is

not compoundable, therefore, order dated 28.02.2017 requires to

be quashed and set aside in view of the compromise deed.

(2 of 2) [CRLMA-338/2021]

Heard. Perused the material available on record.

It is emanating from the material available on record that the

parties have settled their dispute amicably through mediation

proceeding. As per the terms of mediation award, a proceeding

under Section 495 IPC was also agreed to be culminated by way of

filing appropriate petition. Since offence under Section 495 IPC is

not compoundable and the same is inter se in between the parties

and does not affect the society at large, there is no impediment to

quash the proceedings.

In view of the judgment passed by the Hon'ble Supreme

Court in the matter of Gian Singh versus State of Punjab & Anr.

(Special Leave Petition (CRL.) NO. 8989 of 2010) the entire proceeing

in connection with FIR No. 252/2014 of Police Station Alwar Gate,

Ajmer and all consequential proceedings including the order dated

28.02.2017 passed by the JM-VI, Ajmer whereby cognizance

under Section 495 IPC was taken and process was directed to be

issued against the petitioner is hereby quashed and set aside.

Accordingly, the criminal misc. application is allowed.

(FARJAND ALI),J

PREETI VALECHA /12

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