Tosh Kumar Jain vs State Of Rajasthan
2022 Latest Caselaw 13439 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7466/2022

1. Tosh Kumar Jain S/o Shri Paras Kumar Jain, Aged About 59 Years, R/o Bhagwantkuti Kankhal Pargana Jawalapur Haridwar Uttarakhand

2. Monika Jain W/o Tosh Kumar Jain, Aged About 53 Years, R/o Bhagwantkuti Kankhal Pargana Jawalapur Haridwar Uttarakhand

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Santlal Das S/o Santkarnel Das, R/o Mudki Road Near Gurudwaralangiyana Tehisl Bagha Dist. Moga Punjab At Present Chak 16 Pbn Dera Kotrisar Ps Pilibanga Dist. Hanumangarh Raj.

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Shardul Singh
For Respondent(s)          :     Mr. S.S.Rajpurohit, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                  Judgment

16/11/2022

The instant criminal misc. Petition has been filed under

Section 482 Cr.PC for quashing of FIR No.0397/2021 registered at

P.S. Pilibanga Distt. Hanumangarh for the offences under Sections

420, 406, 468, 471 & 120B of the IPC.

It is submitted by counsel for the petitioner that the dispute

in between the parties has been resolved through an amicable

settlement and now there remains no controversy in between

them and the parties do not wish to continue the criminal

proceeding further.

                                     (2 of 3)                   [CRLMP-7466/2022]



     Learned         counsel               appearing             for        the

respondent/complainant/victim admits the fact of compromise and

submits that he is wiling if the FIR and the proceedings are

quashed on the basis of compromise entered in between the

parties.

Learned Public Prosecutor has opposed the petition.

Heard, perused the material available on record more

particularly the police report, nature of allegation and the

compromise deed executed in between the parties. The parties to

the lis have resolved their dispute amicably and do not wish to

continue the criminal proceedings and have jointly prayed for

quashing of the same. The offence alleged in this matter is non-

compoundable, however Hon'ble Supreme Court in the case of

Gian Singh Vs. State of Punjab reported in (2012) 10 SCC

303 has propounded that if it is convinced that offences are

entirely personal in nature and do not affect the public peace or

tranquility and where it feels that quashing of such proceedings on

account of compromise would bring about peace and would secure

ends of justice, the High Court should not hesitate to quash the

same by exercising the inherent powers vested in it. It is observed

that in such cases, the prosecution becomes the lame prosecution

and pursuing such a lame prosecution would be a waste of time

and energy. That will also unsettle the compromise and obstruct

restoration of peace. This court is aptly guided by the principles

propounded by Hon'ble the Supreme Court and feels that whether

dispute is essentially inter se between the parties, either they are

relatives; neighbours or having business relationship and which

does not affect the society at large, then in such cases, with a

view to maintain harmonious relationships between the two sides

(3 of 3) [CRLMP-7466/2022]

and for restitution of relationship and with a view to end-up the

dispute in between them permanently, the High Court should

exercise its inherent power to quash the FIR and all other

subsequent proceedings initiated thereto.

Here in this case, though the offences are not compoundable

but the parties have settled the dispute amicably and that is

essentially in between the parties which is not affecting public

peace and tranquility therefore with a view to maintain the

harmony and to resolve the dispute finally in between the parties,

it is deemed appropriate to quash the FIR and all further

proceedings undertaken in pursuance thereof.

Accordingly, the criminal misc. Petition is allowed and the FIR

mentioned above, and all further proceedings including the

proceeding pending in the Court of Additional Chief Judicial

Magistrate, Piliganga District Hanumangarh in Criminal Regular

Case No.1834/2021 (State Vs. Tosh Kumar & Anr.) are hereby

quashed and set aside. The accused is acquitted from the charges

under Sections 420, 406, 468, 471, 120B of the IPC. His bail

bonds are cancelled.

(FARJAND ALI),J 67-Mamta/-

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