Allowed

Vinod Kumar S/O Shri Jagdish Prasad B/C Darji v. State of Rajasthan

Rajasthan HC25 Oct 2021CRLMP/5410/2019

Case brief

AI extract

What is this about?

High Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C. quashing the pending criminal proceedings after noting that the dispute between parties had been amicably settled and a compromise was filed and compounded earlier by the lower court.

What did the court decide?

Proceedings pending before the Court below are quashed and stay application is disposed of.

Vinod Kumar S/O Shri Jagdish Prasad B/C Darji 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. 5410/2019

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Vinod Kumar S/o Shri Jagdish Prasad, R/o House No.c-346, Vidhyadhar Nagar, Jaipur, Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp.

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Krishna Kant Gautam S/o Shri Hanuman Sahai, R/o C-42, Vidhyadhar Nagar, Jaipur, Raj.

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Smt. Monika W/o Shri Krishna Kant Gautam, R/o C-42, Vidhyadhar Nagar, Jaipur, Raj.

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----Respondents

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For Petitioner(s) : Mr. Satyam Khandelwal For Complainant(s) : Mr. Iskandh Sharma For State : Mr. F.R. Meena, PP

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HON'BLE MR. JUSTICE PANKAJ BHANDARI

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Judgment / Order

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25/10/2021

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Petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. seeking quashing of the proceedings pending before the Metropolitan Magistrate No.21, Jaipur Metropolitan Jaipur in Criminal Case No.80/2006.

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It is contended by counsel for the petitioner that a compromises was arrived at between the parties and same is filed before the Court below by Respondent No.2 & 3 and accusedpetitioner. Court below has compounded the offence under Section 323, 341 & 354 of IPC and Section 452 of IPC is not compoundable, the same was not compounded. It is further contended that Respondent No.2 has expired on 05.05.2021.

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(2 of 2)

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[CRLMP-5410/2019]

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Counsel for the victim/respondent No.3 has not disputed the above facts. He has no objection of quashing of the proceedings pending before the Court below.

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I have considered the contentions.

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Taking note of the fact that parties has amicably settled the dispute and a compromise was filed way back on 02.03.2019 before the Court below and Court has compounded the offence under Section 323, 341 & 354 of IPC, I deem it proper to allow the misc. petition.

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Accordingly, Criminal Misc. Petition is allowed and proceedings pending before the Court below are quashed.

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Stay application also stands disposed of.

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(PANKAJ BHANDARI),J

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ARTI SHARMA /131

Vinod Kumar S/O Shri Jagdish Prasad B/C Darji v. State of Rajasthan

Case brief

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What did the court decide?

Vinod Kumar S/O Shri Jagdish Prasad B/C Darji v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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