Allowed

Harikishan S/O Ramniwas B/C Saini v. State of Rajasthan

Rajasthan HC22 Aug 2019CRLMP/1855/2019

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C. and quashed the FIR and related criminal proceedings following an amicable settlement between the parties where the complainant expressed no desire to proceed further.

What did the court decide?

Criminal Misc. Petition allowed; proceedings in Criminal Case No.633/2016 quashed; stay application disposed.

Harikishan S/O Ramniwas B/C Saini Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1855/2019

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Harikishan S/o Ramniwas B/c Saini, R/o 70, Mohalla Lal Diggi, Alwar, Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp.

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Chandraprakash Sharma S/o Suresh Chand Sharma B/c Brahmin, R/o Mohalla Thakar Wala Kunwa, Akhepura, Alwar, Raj.

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----Respondents

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For Petitioner(s) : Mr. Gajender Singh Rathore For Respondent(s) : Mr. Sher Singh Mahla, PP For Complainant : Mr. Vipul Kumar Jaiman

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Order

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22/08/2019

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Petitioners have preferred this Criminal Misc. Petition under Section 482 Cr.P.C. seeking quashing of FIR No.03/2013, registered at Police Station Shivaji Park, Alwar and Case No.633/2016, pending before the Additional Civil Judge and Judicial Magistrate No.3, Alwar for offence under Sections 420, 467, 468, 471, 120B of IPC.

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It is contended by counsel for the petitioner that the parties have amicably settled the dispute. Complainant does not wish to proceed further in the criminal case. Parties have moved an application before the Court below. Court below has compounded the offence under Section 420 of IPC but as other offences were non-compoundable, the same were not compounded.

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(2 of 2)

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[CRLMP-1855/2019]

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Complainant alongwith his counsel is present in person in the Court, who has not disputed the factum of parties having amicably settled the dispute and he does not wish to proceed further in Criminal Case No.633/2016 pending before the Additional Civil Judge and Judicial Magistrate No.3 Alwar.

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I have considered the contentions.

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In view of the fact that parties have amicably settled the dispute and complainant does not wish to proceed further in the criminal case, Criminal Misc. Petition is allowed. Proceedings pending before the Additional Civil Judge and Judicial Magistrate No.3 Alwar in Criminal Case No.633/2016 are quashed. Stay

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application stands disposed.

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(PANKAJ BHANDARI),J

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Arun/145

Harikishan S/O Ramniwas B/C Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harikishan S/O Ramniwas B/C Saini v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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