High Court quashed criminal proceedings arising from an FIR where a compromise was reached, despite some offences remaining non-compoundable, citing potential abuse of process and waste of time. Bail bonds were discharged.
Criminal proceedings under FIR No.31/14 dated 01.04.2014 quashed; bail bonds discharged.
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(1 of 2)
[CRLMP-1324/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Mr. Ripu Daman Singh Naruka |
|---|---|
| For Respondent(s) | : Mr. Anil Agarwal |
| Mr. Ramesh Choudhary, PP |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
03/11/2020
Both the counsels appearing for the petitioner as well as complainant submit that a compromise has been arrived at between the parties and duly attested before the concerned court whereafter the offence under Section 420 IPC was compounded, however, the other offences as alleged in the FIR were being noncompoundable, therefore, the same were left for the trial.
Learned counsel submits that pursuing the criminal proceedings would amount to abuse of process of the court and would also amount to waste of time.
(2 of 2) [CRLMP-1324/2020]
Taking into consideration that a compromise has been arrived at between the parties and in view of the law laid down by the Apex Court as well as by this court from time to time, I am inclined to allow this petition and quash the criminal proceedings arising out of FIR No.31/14 dated 01.04.2014 registered at Police Station, Bhilwara, District Sikar. The bail bonds stand discharged.
The criminal misc. petition is accordingly allowed.
(SANJEEV PRAKASH SHARMA),J
SAURABH YADAV 670 /26
1 issue framed by the court
Whether criminal proceedings should be quashed after a compromise is arrived at but partial compounding of offences is done.
Narottam S/o Shri Gauri Shankar
Krishan Kumar S/o Shri Bhagwati Prasad
State Of Rajasthan
Ashwani Kanit S/o Late Surendra Kumar Sharma
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
