Citation : 2024 Latest Caselaw 5683 Raj/2
Judgement Date : 4 September, 2024
[2024:RJ-JP:37202]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3786/2024
1. Ajay Jandeda S/o Harikishan Meena, R/o Village Gudliya,
Tehsil Bandikui, District Jaipur City (East), At Present R/o
Civil Line, Haripura Road, Jaipur City (East)
2. Akshya Meena S/o Nanagram Meena, R/o Village Rohada
Kalan, Post Khuri Kalan, Tehsil And District Jaipur City
(East)
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Shri Riyahind S/o Shri Gull Mohammad, R/o C-4/197, Gali No. 4, Barjpuri Nala Road, Bhagirati Vihar, Gokulpuri, Eastern Delhi At Present R/o A-15/16, Chinab Apartment, Sector-20, Pratapnagar, Jaipur City (East)
----Respondents
For Petitioner(s) : Mr. Mohar Pal Meena For State : Mr. Rishi Raj Singh Rathore, PP with Mr. Manvendra Singh Shekhawat, PP For Complainant : Mr. Shamsuddin Ansari
HON'BLE MR. JUSTICE SAMEER JAIN
Order
04/09/2024
1. This petition under Section 482 Cr. P.C. is filed, with a prayer
to quash the FIR No.30/2023 registered at Police Station Malpura
Gate, District Jaipur City (East) for offences under Sections 143,
323, 341, 379, 427 of IPC, 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:37202] (2 of 2) [CRLMP-3786/2024]
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. 30/2023
registered at Police Station Malpura Gate, District Jaipur City
(East) 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
DEEPAK/171
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