This Court quashed an FIR and consequential proceedings following an amicable settlement between parties. The dispute involves offences under IPC and IT Act, with the court relying on Supreme Court precedents regarding settlement in non-compoundable offences.
FIR No. 70/2020 and consequential criminal proceedings were quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1190/2021
Ramlakhan Son Of Shri Motilal, Aged About 40 Years, R/o Village Danda P.s. Sapotra Karauli Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Mr. Chandragupt Chopra, PP Mr. Narendra Prasad Meena, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
13/07/2021
This criminal miscellaneous petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing FIR No.70/2020 registered at Police Station Sapotra, Karauli for the offence under Sections 420 and 379 of IPC and subsequently added Sections 66-C and 66-D of I. T. Act and consequential criminal proceedings.
Learned counsel for the petitioner as well as learned counsel for the complainant/respondent submitted that compromise has been arrived between the parties and they have settled their dispute. Learned counsel for the petitioner further submits that learned trial Court has attested the compromise under Sections 420 and 379 IPC. Offence against the petitioner under IT Act was non-compoundable. So, criminal proceedings pending between them, be set aside.
(2 of 2)
[CRLMP-1190/2021]
Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioner.
Learned counsel for the complainant acknowledging the factum of compromise between the parties and submitted that he has no objection if the FIR in question and consequential criminal proceedings are quashed.
Heard learned counsel for both the parties and perused the record.
A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of compromise and the law laid down by the Hon’ble Apex Court of India in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and Narinder Singh Vs. State of Punjab (2014) 6 SCC 466 , this Court deems it just and proper to quash the FIR in question and consequential criminal proceedings.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.70/2020 registered at Police Station Sapotra, Karauli for the offence under Sections 420 and 379 IPC, subsequently added Sections 66-C and 66-D of I. T. Act and consequential criminal proceedings are quashed.
(NARENDRA SINGH DHADDHA),J
Gourav/44
1 issue framed by the court
Whether criminal proceedings based on a cheque-related offence can be quashed upon settlement after the non-compoundable offence is admitted as settled as a whole.
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabExplained¶20
(2012) 10 SCC 303 · Who else cites this
Narinder Singh Vs. State of PunjabExplained¶20
(2014) 6 SCC 466 · Who else cites this
1 provisions across 1 enactments
Ramlakhan Son Of Shri Motilal
State Of Rajasthan
Motilal Son Of Narayan
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
