High Court of Rajasthan quashed criminal proceedings under Sections 147 and 452/149 IPC in criminal case 819/2016 after finding an amicable settlement between the parties, relying on jurisprudence for compoundable offences.
FIR No.427/2015 and criminal case No.819/2016 were quashed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2616/2021
----Petitioners
Versus
----Respondents
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[CRLMP-2616/2021]
| For Petitioner(s) | : Mr. Hansraj Kuldeep, Adv. |
|---|---|
| For Respondent(s) | : Mr. Shyam Prakash Sharma, PP |
| Mr. Munesh Kumar Meena, Adv. |
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
16/07/2021
This criminal miscellaneous petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing the further proceedings in criminal case No.819/2016 arising out of FIR No.427/2015 registered at Police Station Mahesh Nagar, Jaipur (South) pending in the Court of Additional Civil Judge and Metropolitan Magistrate No.19, Jaipur Metropolitan for the offence under Sections under Section 147, 452/149 IPC.
Learned counsel for the petitioner as well as learned counsel for the respondent submitted that compromise has been arrived between the parties and they have settled their dispute. So, criminal proceedings pending between them, be set aside.
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 proceeding 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
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[CRLMP-2616/2021]
India in cases of Gi a n
Singh Vs.
St
a
SCC 303 and Nari
466 , this Court deems it just and proper to quash the FIR in question and consequential criminal proceeding.
Resultantly, this criminal miscellaneous petition is allowed. The further proceedings in criminal case No.819/2016 arising out of FIR No.427/2015 registered at Police Station Mahesh Nagar, Jaipur (South) pending in the Court of Additional Civil Judge and Metropolitan Magistrate No.19, Jaipur Metropolitan for the offence under Sections under Section 147, 452/149 IPC are quashed.
(NARENDRA SINGH DHADDHA),J
Brijesh/26
1 issue framed by the court
Whether the criminal proceedings should be quashed in view of the settlement and compromise between the parties.
Colour shows how this judgement treated each authority
Gi an Singh Vs. St aReferred¶32
_Gi a n_ _Singh Vs._ _St_ _a_ SCC 303
Ramswaroop Morya
Rajendra Kumar Morya
State Of Rajasthan
Chhagan Lal Baderiya
Narendra Singh Dhadha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
