Citation : 2023 Latest Caselaw 10071 Raj
Judgement Date : 24 November, 2023
[2023:RJ-JD:40742]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6111/2023
Ashok Kumar S/o Shiv Bhagwan, Aged About 55 Years, R/o
Paladi, P.s. Laxmangarh, Dist. Sikar, At Present R/o Bhakra
Colony Khanpur, P.s. Jaswantgarh, Dist. Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Anil Kumar S/o Noranglal, R/o Ward No. 27 Near Blood
Bank, Sujangarh, Dist. Churu.
----Respondents
For Petitioner(s) : Mr. Pankaj Gupta
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/11/2023
1. The instant criminal miscellaneous petition has been filed
under Section 482 of the Cr.P.C. seeking quashing of the
proceedings of Criminal Case No.271/2017 pending in the Court of
learned ACJM, Sujangarh, District Churu arising out of FIR
No.318/2014 registered at the Police Station Sujangarh, District
Churu for the offences under Sections 467, 468, 471 and 120-B of
the IPC.
2. It is submitted by counsel for the petitioner that the parties
have settled their dispute by way of compromise. The said
compromise was submitted in the trial court, however, the learned
trial court has verified the same only upto the extent of Section
420 of the IPC. Learned counsel has relied upon the judgment
passed by the Hon'ble Supreme Court in the matter of Gian
[2023:RJ-JD:40742] (2 of 2) [CRLMP-6111/2023]
Singh Vs. State of Punjab & Anr. reported in 2012(10) SCC
303 and prayed that the criminal proceedings against the
petitioner be quashed in view of the compromise between the
parties.
3. Learned Public Prosecutor has opposed the petition.
4. Considering the facts and circumstances of the present case
and the fact that the parties have settled their dispute by way of
compromise and also following the judgment passed by the
Hon'ble Supreme Court in the matter of Gian Singh (supra), the
instant criminal miscellaneous petition is allowed and the entire
proceedings in connection with the Criminal Case No.271/2017
pending in the Court of learned ACJM, Sujangarh, District Churu
arising out of FIR No.318/2014 registered at the Police Station
Sujangarh, District Churu and all consequential proceedings, qua
the petitioner, are hereby quashed.
5. The stay application also stands disposed of.
(FARJAND ALI),J 498-Pramod/-
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