Allowed

Mahendra Khandelwal S/O Shri Kanhyalal v. State of Rajasthan

Rajasthan HC13 Jul 2021CRLMP/635/2021

Case brief

AI extract

What is this about?

The Court allowed a petition under Section 482 Cr.P.C. to quash an FIR registered under Section 409 IPC. Relying on established precedents regarding compromise in private disputes, the Court deemed it just and proper to quash the proceedings upon establishing that a settlement had been reached between the parties.

What did the court decide?

FIR No.104/2000 dated 02.06.2000 registered at Police Station Kishorepura Kota City for the offence under Section 409 of IPC and consequential criminal proceedings are quashed.

Mahendra Khandelwal S/O Shri Kanhyalal 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. 635/2021

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Mahendra Khandelwal S/o Shri Kanhyalal, Resident Of B- 91, New Colony, Kota.

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Anupam Khandelwal S/o Shri Kanhyalal, Resident Of B- 91, New Colony, Kota.

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----Petitioners

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Versus

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State Of Rajasthan, Through PP.

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Shri Rajendra Mittal S/o Shri Nawal Kishore Mittal, R/o 113, Shakati Nagar, Kota.

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----Respondents

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For Petitioner(s) : Dr. Mahesh Sharma (through video conference) For Respondent(s) : Mr. Chandragupt Chopra, PP., Mr. Dhanna Ram

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Order

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13/07/2021

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This criminal miscellaneous petition has been filed by the petitioners under Section 482 Cr.P.C. for quashing FIR No.104/2000 dated 02.06.2000 registered at Police Station Kishorepura Kota City for the offence under Section 409 of IPC and consequential criminal proceeding.

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Learned counsel for the petitioners as well as learned counsel for the complainant-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.

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(2 of 2)

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[CRLMP-635/2021]

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Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioners.

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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.

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Heard learned counsel for both 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. 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 & 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 proceeding.

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Resultantly, this criminal miscellaneous petition is allowed. The FIR No.104/2000 dated 02.06.2000 registered at Police Station Kishorepura Kota City for the offence under Section 409 of IPC and consequential criminal proceedings are quashed.

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(NARENDRA SINGH DHADDHA),J

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Seema/138

Mahendra Khandelwal S/O Shri Kanhyalal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra Khandelwal S/O Shri Kanhyalal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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