Allowed

Suresh Chand Jat S/O Shri Rameshwar Prasad v. State of Rajasthan

Rajasthan HC9 Feb 2021CRLMP/462/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition seeking quashing of proceedings under Sections 354 and 354-B IPC. Quashing the previous trial court order for the compoundable offences, the High Court relied on the Supreme Court precedents of Gian Singh and Narinder Singh to quash the proceedings for non-compoundable offences given the compromise between parties.

What did the court decide?

The criminal proceedings in Criminal Case No. 238/2018 under Sections 354 and 354-B of the IPC are quashed.

Suresh Chand Jat S/O Shri Rameshwar Prasad Vs State of… — Quashing and FIR | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 462/2021

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Suresh Chand Jat S/o Shri Rameshwar Prasad, Aged About 40 Years, R/o B-81, Parsvanath Colony, Ajmer Road, Nirman Nagar, Jaipur Rajasthan.

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----Accused/Petitioner

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Versus

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State of Rajasthan, through P.P.

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Respondent 2. Smt. Geeta Devi W/o Late Rajendra Singh, R/o B-81, Parsvanath Colony, Ajmer Road, Shyam Nagar, Jaipur Presently R/o At Plot No. 191 Mangyawas, Jaipur Raj.

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----Respondent/Complainant

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For Petitioner(s) : Mr. Ankit Agrawal For Respondent(s) : Mr. F.R. Meena, P.P. Mr. Timan Singh

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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09/02/2021

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This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings in the criminal case No.238/2018, State versus Rameshwar Prasad & Ors. pending in the Court of learned Additional Chief Metropolitan Magistrate No.3 Jaipur Metropolitan-II, Jaipur arising out of FIR No.65/2018 dated 06.02.2018 registered at Police Station Shyam Nagar, District Jaipur City (South) for offence under Sections 323, 341, 354, 420 & 504 of IPC.

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Learned counsel for the petitioner submitted that the FIR in question arises out of a dispute on a trifle incident between the family members. He submitted that the learned trial Court has, vide order dated 14.12.2020, quashed the proceedings qua Sections 323,

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(2 of 3)

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[CRLMP-462/2021]

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341 & 504 IPC being compoundable; but, declined to quash the proceedings qua Sections 354 & 354-B IPC being non-compoundable. Relying on the compromise dated 17.10.2020 and judgments of the Hon’ble Supreme Court in cases Gian Singh versus State of Punjab & Anr. reported in JT 2012 (9) SC-426 & Narinder Singh & Ors. versus State of Punjab & Anr. reported in 2014 Cr.L.R. (SC) 351 , he submitted that since the matter has amicably been settled between the parties, the proceedings under Section 354 & 354-B IPC be also quashed.

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Learned Public Prosecutor has opposed the criminal miscellaneous petition.

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Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if the criminal proceedings arising out of FIR in question are quashed.

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Heard learned counsels for the parties and perused the record.

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A perusal of the material on record shows that the dispute between the parties has amicably been settled by them and the learned trial Court vide its order dated 14.12.2020 quashed the proceedings qua Sections 406 and 323 IPC on the basis of compromise. In view of compromise between the parties and the law laid down by the Hon’ble Supreme Court in cases of Gian Singh (Supra) & Narinder Singh (supra), this Court deems it just and proper to allow this criminal miscellaneous petition.

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Resultantly, this criminal miscellaneous petition is allowed. The criminal proceedings in the criminal case No.238/2018, State versus Rameshwar Prasad & Ors. pending in the Court of learned Additional Chief Metropolitan Magistrate No.3 Jaipur Metropolitan-II, Jaipur arising out of FIR No.65/2018 registered at Police Station Shyam Nagar, District

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(3 of 3)

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[CRLMP-462/2021]

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Jaipur City (South) for offence under Section 354 & 354-B of I.P.C. are quashed.

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(MAHENDAR KUMAR GOYAL),J

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Pragati/165

Suresh Chand Jat S/O Shri Rameshwar Prasad v. State of Rajasthan

Case brief

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Suresh Chand Jat S/O Shri Rameshwar Prasad v. State of Rajasthan

Case brief

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