Allowed

Natthi Singh S/O Shri Nihal Singh v. State of Rajasthan

Rajasthan HC21 Oct 2021CRLMP/862/2020

Case brief

AI extract

What is this about?

This High Court allowed a special bail petition seeking quashing of criminal proceedings under Section 482 Cr.P.C. despite the offences being non-compoundable. The court held that the dispute was private in nature and, considering a prior compromise and a coordinate bench order, directed the quashing of the case.

What did the court decide?

Direction to drop, quash, and set-aside the criminal proceedings in Case No.166/2016 pending before the Additional Chief Judicial Magistrate, Jaipur.

Natthi Singh S/O Shri Nihal Singh Vs State of Rajasthan — Cheque Dishonour | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 862/2020

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Natthi Singh S/o Shri Nihal Singh, R/o House No.13, Bhankarji Palace Road, Karni Vihar, Jaipur. ----Petitioner

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Versus

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State Of Rajasthan, Through Pp.

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Dr. Vishal Kirti Jain S/o Shri C.k. Jain, R/o 42/3, Ahinsa Parisar, Nijatpura, Ujjain, Mp, Presently R/o B-80, R/o Doctors Rd Hostel, Police Station Moti Doongari, Jaipur.

¶8

----Respondents

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For Petitioner(s) For Respondent(s)

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: Mr.Harendra Singh, Adv. : Mr.Laxman Meena, Public Prosecutor. Mr.Gopal Krishan Sharma, Adv. for complainant.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

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21/10/2021

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The present miscellaneous petition has been filed under Section 482 Cr.P.C. against the order dated 14.11.2018, passed by the Additional Senior Civil Judge/Additional Chief Judicial Magistrate No.1, Jaipur District, Jaipur, wherein the Court below has refused to drop the proceedings on the basis of compromise as the alleged offence in Criminal Case No.166/2016 relates to offences under Sections 332, 353 IPC and Section 3/ 4 of Rajasthan Medical Attendance Act, 2008 (hereafter the ‘Act of 2008’).

¶14

Learned counsel for the accused-petitioner submitted that an FIR was lodged by the complainant on 18.01.2016 wherein it was alleged that complainant was working as Senior Resident in Neurology Department and on the fateful day one patient was admitted there, where the alleged incident took place with the relatives of the patient who was admitted in the hospital.

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(2 of 3)

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[CRLMP-862/2020]

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Learned counsel submitted that on the basis of FIR

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No.11/2016, registered at Police Station Moti Dungri, Jaipur City (East), the Police after registering FIR, filed charge-sheet against the accused-petitioner for the offences under Sections 332, 353 IPC and Section 3/ 4 of the Act of 2008.

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Learned counsel submitted that during pendancy of the trial the petitioner and the complainant entered into a compromise on 14.11.2018 and both the parties do not want to pursue the case further and as such, they requested to drop the proceedings.

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Learned counsel for the petitioner submitted that vide impugned order dated 14.11.2018, the Court below has refused to drop the criminal proceedings under the compromise as the offences are non-compoundable.

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Learned counsel for the petitioner submitted that in a cross case i.e. Criminal Case No.115/2018 (State Vs. Vishal Kirti Jain & Ors.), the petitioner therein also entered into a compromise and when compromise was not acted upon, Dr.Vishal Kirti Jain and others filed S.B. Criminal Misc. (Petition) No.5884/2021 (Dr.Vishal Kirti Jain & Ors. Vs. State of Rajasthan & Anr.) .

¶22

This Court on the basis of the judgment passed by the Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in [(2012) 10 SCC 303] held that the dispute between the parties is private in nature and as such, allowed the proceedings in Criminal Case No.115/2018 and dropped the proceedings.

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Learned counsel for the petitioner submitted that the present case may also be decided in view of the compromise entered between the parties and the order passed by the Coordinate Bench of this Court in S.B. Criminal Misc. (Petition) No.5884/2021.

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(3 of 3)

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[CRLMP-862/2020]

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Learned counsel appearing for the complainant does not dispute the fact of compromise being entered between the parties and further order passed by this Court in S.B. Criminal Misc. (Petition) No.5884/2021.

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Learned Public Prosecutor submitted that power under Section 482 Cr.P.C. can be exercised by this Court after considering the entire facts.

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Learned Public Prosecutor does not dispute passing of the order dated 22.09.2021 in S.B. Criminal Misc. (Petition) No.5884/2021.

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This Court finds that the dispute between the parties seems to be of private in nature and now the complainant and the petitioner have settled the dispute amicably and as such, there is no requirement of continuing the proceedings.

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This Court further finds that the Coordinate Bench of this Court in the case of Dr.Vishal Kirti Jain (supra) has also allowed the petition and proceedings in Criminal Case No.115/2018 has been quashed.

¶31

This Court, considering the entire legal position, facts of the present case and for securing the ends of justice, allows the present petition and directs that the Criminal Proceedings in Case No.166/2016, pending before the Court of Additional Chief Judicial Magistrate No.1, Jaipur District, Jaipur, arising out of FIR No.11/2016, registered at Police Station Moti Doongari, Jaipur City (East), for offences under Sections 332, 353 IPC and Section 3/4 of the Act of 2008 shall be dropped, quashed & set-aside.

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The criminal misc. petition stands allowed.

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(ASHOK KUMAR GAUR),J

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Parul Sharma/Ramesh Vaishnav/17

Natthi Singh S/O Shri Nihal Singh v. State of Rajasthan

Case brief

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Natthi Singh S/O Shri Nihal Singh v. State of Rajasthan

Case brief

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