Allowed

Ankit Bansal S/O Shri Pramod Sharan Gupta v. State of Rajasthan

Rajasthan HC7 Aug 2023CRLMP/1584/2020

Case brief

AI extract

What is this about?

This criminal miscellaneous petition under Section 482 CrPC sought quashing of criminal proceedings following an amicable settlement. The High Court referred principles from Gian Singh and quashed the FIR and related proceedings to maintain harmony given the resolution of disputes.

What did the court decide?

FIR and all further proceedings undertaken in pursuance thereof were quashed and set aside.

Ankit Bansal S/O Shri Pramod Sharan Gupta Vs State of… — Quashing and FIR | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1584/2020

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Ankit Bansal S/o Shri Pramod Sharan Gupta, By Caste Mahajan, Resident Of House No. 587, B.k. Old Nagar, In Front Of Pat Colony Ramnagar, Ajmer (Raj.)

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Pramod Sharan Gupta S/o Shri Ram Sharan Gupta, By Caste Mahajan, Resident Of House No. 587, B.k. Old Nagar, In Front Of Pat Colony Ramnagar, Ajmer (Raj.)

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Smt. Renu Gupta W/o Shri Pramod Sharan, By Caste Mahajan, Resident Of House No. 587, B.k. Old Nagar, In Front Of Pat Colony Ramnagar, Ajmer (Raj.)

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Narendra Bansal S/o Shri Kapoor Chand, By Caste Mahajan, Resident Of A-14, Prashant Vihar, Rohini, New Delhi.

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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Smt. Dinni @ Harshita D/o Shri Satyaprakash Goyal W/o Shri Ankit Bansal, By Caste Mahajan, Resident Of 587, B.k. Kaul Nagar, Krishna Vihar, Ramnagar, Ajmer (Raj.) At Present 289, Scheme No.1, Alwar (Raj.).

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	----Respondents
For Petitioner(s)	: Mr. Shriram Yadav
For Respondent(s)	: Mr. Suresh Kumar,PP

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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07/08/2023

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The instant criminal misc. Petition has been filed under Section 482 Cr.PC for quashing of the proceedings of criminal case No.90/2017 arising out of FIR No.364/2015 registered at Police Station Mahila Thana, Alwar, Rajasthan for the offence under Sections 498A, 406, 377 and 354 of IPC.

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(2 of 3) [CRLMP-1584/2020]

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It is submitted by learned counsel for the petitioners that the dispute in between the parties has been resolved through an amicable settlement and now there remains no controversy between them and the parties do not wish to continue the criminal proceedings further. On the basis of compromise, the accusedpetitioners have been acquitted by the trial court for offence under Section 406 IPC and trial under Section 498A, 377 & 354 of IPC has been directed to continue.

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Learned Public Prosecutor has opposed the petition.

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Heard, perused the material available on record more particularly the police report, nature of allegation and the compromise deed executed in between the parties. The parties to the lis have resolved their dispute amicably and do not wish to continue the criminal proceedings and have jointly prayed for quashing of the same. The Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(2012) 10 SCC 303], has propounded that if it is convinced that offences are entirely personal in nature and do not affect the public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, the High Court should not hesitate to quash the same by exercising the inherent powers vested in it.

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Here in this case, though the said offence is noncompoundable but the parties have settled the dispute amicably and that is essentially in between the parties which is not affecting public peace and tranquility, therefore, with a view to maintain the harmony and to resolve the dispute finally in between the parties,

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[CRLMP-1584/2020]

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(3 of 3)

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it is deemed appropriate to quash the FIR and all further

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proceedings undertaken in pursuance thereof.

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Accordingly, the criminal misc. Petition is allowed and the said FIR mentioned above, and all further proceedings undertaken in pursuance thereof are hereby quashed and set aside.

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The stay application also stands disposed of.

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(VINOD KUMAR BHARWANI),J

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CHHAYA AWASTHI /531

Ankit Bansal S/O Shri Pramod Sharan Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ankit Bansal S/O Shri Pramod Sharan Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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