Allowed

Suresh Sharma Son of Shri Harishankar Sharma v. State of Rajasthan

Rajasthan HC15 Feb 2021CRLMP/553/2021

Case brief

AI extract

What is this about?

The Court allowed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash criminal proceedings initiated under Sections 420, 406, 467, 468, and 471 of the IPC. The proceedings were quashed as the dispute was private, not heinous, and amicably settled between the parties.

What did the court decide?

Quashing of FIR No.711/2018 and pending criminal proceedings in the Court of Metropolitan Magistrate No.26, Jaipur.

Suresh Sharma Son of Shri Harishankar Sharma Vs State of… — Cheque Dishonour | 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. 553/2021

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Suresh Sharma Son Of Shri Harishankar Sharma, 3590, KBG Ka Rasta, Johari Bazar Jaipur Raj.

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----Accused/Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Dr. Neeru Saxena Wife Of Shri Alok Saxena, Resident Of Plot No.B-130 A, Rajendra Marg Bapu Nagar, Jaipur (Raj)

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----Respondent/Claimant

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For Petitioner(s)	: Mr.	NeerajSharma
For Respondent(s)	: Mr.	F.R. Meena, PP
	Mr.	Ankur Saxena

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order

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15/02/2021

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This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceedings pending in the Court of Metropolitan Magistrate No.26, Jaipur Mahanagar, Sanganer in FIR No.711/2018 dated 15.11.2018 registered at Police Station Sanganer Sadar, District Jaipur City (South) for offence under Sections 420, 406, 467, 468 & 471 of I.P.C.

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Learned counsel for the petitioner submitted that the FIR in question arises out of a dispute of private and predominantly of civil nature and does not involve any heinous offence. After submission of negative Final Report by the Investigating Agency, the complainant filed a protest petition and vide order dated 25.09.2019, the learned Metropolitan Magistrate No.26, Jaipur Metropolitan, Headquarters Sanganer took cognizance against the petitioner for offence under Sections 420, 406, 467, 468 & 471 of

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(2 of 3)

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[CRLMP-553/2021]

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I.P.C. He contended that under direction of this Court dated 25.01.2021, parties have submitted the compromise dated 05.12.2020 (Annexure 4) in original with the learned trial Court on 11.02.2021. Relying on the compromise dated 05.12.2020 (Annexure 4), he submitted that since the matter has amicably been settled between the parties, the criminal proceedings in FIR in question is liable to be quashed in view of the judgments of the Hon’ble Apex Court of India in cases of 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 .

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Learned Public Prosecutor 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 the learned counsels for the parties and perused the record.

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From the material on record, it is apparent that the dispute, private and predominantly in nature and not involving any heinous offence, has amicably been settled between the parties. In view of compromise and the law laid down by the Hon’ble Apex Court of India in cases of Gian Singh (supra) & Narinder Singh (supra) , this Court deems it just and proper quash the FIR in question.

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Resultantly, this criminal miscellaneous petition is allowed. The criminal proceedings pending in the Court of Metropolitan Magistrate No.26, Jaipur Metropolitan Headquarters, Sanganer in

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(3 of 3)

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[CRLMP-553/2021]

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FIR No.711/2018 dated 15.11.2018 registered at Police Station Sanganer Sadar, District Jaipur City (South) for offence under Sections 420, 406, 467, 468 & 471 of I.P.C. are quashed.

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(MAHENDAR KUMAR GOYAL),J

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PRAGATI/123

Suresh Sharma Son of Shri Harishankar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Suresh Sharma Son of Shri Harishankar Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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