Citation : 2024 Latest Caselaw 5372 Raj/2
Judgement Date : 20 August, 2024
[2024:RJ-JP:35051]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5013/2024
1. Maduram @ Karmveer S/o Bahadur,
2. Ashok S/o Kartar Jat,
3. Ankit S/o Hoshiyar,
4. Sandeep Doctor S/o Ratan Singh,
All R/o Kankra Bardod, Police Station Behror Sadar,
District Kotputli - Behror.
Accused--Petitioners
Versus
1. State of Rajasthan, through P.P.
Respondent
2. Govind Singh S/o Sher Singh, R/o Kankardopa, Tehsil Behror, District Kotputli- Behror.
Complainant-Respondent
For Petitioner(s) : Mr. Sumer Singh Ola For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Pallav Choudhary
HON'BLE MR. JUSTICE SAMEER JAIN
Order
20/08/2024
1. This petition under Section 482 Cr. P.C. is filed, with a prayer
to quash the FIR No.192/2024 registered at Police Station Behror
Sadar, District Kotputli-Behror for offences under Sections 326(g),
351(3), 189(2) of Bhartiya Nyaya Sanhita, 2023, on the basis of
compromise effectuated between the parties herein, in respect of
their inter-se dispute.
2. Learned counsel for both the parties have submitted that the
dispute at hand is inter-se private in nature, which has been
resolved by the parties amicably.
[2024:RJ-JP:35051] (2 of 2) [CRLMP-5013/2024]
3. Heard and considered.
4. At the outset, this Court deems it appropriate to place
reliance upon the judgment passed by the Hon'ble Apex Court in
Gian Singh Vs. State of Punjab [(2012) 10 SCC 303] and
Ramgopal Vs. The State of Madhya Pradesh reported in
[2022 (14) SCC 531], relevant portion of which is reproduced
below:
"12. The High Court, therefore, having regard to the nature of the offence and the fact that parties have amicably settled their dispute and the victim has willingly consented to the nullification of criminal proceedings, can quash such proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non- compoundable."
5. In view of the position of law laid down by the Hon'ble Apex
Court in aforementioned case, and considering the personal nature
of dispute, which has been amicably settled between parties, this
Court deems it just and proper to allow the present misc. petition.
Compromise is taken on record.
6. Considering the aforementioned, the present criminal
miscellaneous petition is allowed and the FIR No.192/2024
registered at Police Station Behror Sadar, District Kotputli-Behror
with all consequential proceedings, are hereby quashed and set
aside.
7. Accordingly, the instant petition is allowed. Pending
application(s), if any, stand disposed of.
(SAMEER JAIN),J
JKP/37
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