Quashed

Nitu Choudhary W/O Sh. Nishant Choudhary D/O Ishwar Singh v. State of Rajasthan

Rajasthan HC4 Apr 2023CRLMP/1720/2023

Case brief

AI extract

What is this about?

This order quashed an FIR and all subsequent criminal proceedings under Sections 143, 323, 341, 504, and 451 IPC following an amicable settlement between parties. The High Court exercised its inherent powers to quash the FIR despite one offence being non-compoundable, prioritizing harmony and resolution of the dispute among family members.

What did the court decide?

The FIR (No. 215/2020) mentioned in the judgment, and all further proceedings including those pending in the Court of Metropolitan Magistrate No. 6, Jaipur Metropolitan-II, in Criminal Case No. 438/20

Nitu Choudhary W/O Sh. Nishant Choudhary D/O Ishwar Singh… — Cheque Dishonour | Rajasthan HC (2023)

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[2023/RJJP/005595]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1720/2023

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Nitu Choudhary W/o Sh. Nishant Choudhary D/o Ishwar Singh, Aged About 31 Years, Resident Of Plot No. 29 Pawanpuri, Jamunapuri, Murlipura, Jaipur (Raj.)

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Nikita Choudhary D/o Ishwar Singh, Aged About 29 Years, R/o Plot No.29 Pawanpuri, Jamunapuri, Murlipura, Jaipur (Raj.)

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Utkarsh Choudhary S/o Ishwar Singh, Aged About 23 Years, R/o Plot No.29 Pawanpuri, Jamunapuri, Murlipura, Jaipur (Raj.)

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Sumitra Devi W/o Ishwar Singh, Aged About 52 Years, R/o Plot No.29 Pawanpuri, Jamunapuri, Murlipura, Jaipur (Raj.)

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Santra Devi W/o Rohitas Ola, Aged About 60 Years, R/o B-153 Jamunapuri, Murlipura, Jaipur (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through P.P.

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Pradeep Nehra S/o Hoshiyar Singh, Aged About 66 Years, R/o B 148, Jamunapuri, Murlipura, Jaipur (Raj.).

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----Respondents

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For Petitioner(s) : Mr. Princepal Singh For Respondent(s) : Mr. Imran Khan, PP Mr. Pradeep Nehra Mr. Yellop Singh

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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04/04/2023

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The instant criminal misc. Petition has been filed under Section 482 Cr.PC for quashing of criminal proceedings in Criminal Case No. 438/2021 titled as State of Rajasthan v. Nitu Choudhary & Ors. pending before the learned Metropolitan Magistrate No.06,

[2023/RJJP/005595]

[CRLMP-1720/2023]

(2 of 3)

Jaipur Metropolitan-II, Jaipur arose out of FIR No. 215/2020 registered at Police Station Murlipura, District Jaipur for the offence under Section 143, 323, 341, 504 & 451 IPC.

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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 in between them and the parties do not wish to continue the criminal proceedings further.

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On the other hand, learned counsel appearing for complainant-respondent admits the fact of compromise and submits that he is willing if the FIR and the proceedings are quashed on the basis of compromise entered in between the parties.

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Learned Public Prosecutor has opposed the misc. 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.

[2023/RJJP/005595]

[CRLMP-1720/2023]

(3 of 3)

Here in this case, on the basis of compromise, learned Trial Court acquitted the accused-petitioners from the offence under Sections 143, 323, 341 & 504 IPC but the trial was directed to continue for the offence under Section 452 IPC as the same is of non-compoundable nature. But as 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, it is deemed appropriate to quash the FIR and all further proceedings undertaken in pursuance thereof.

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Accordingly, the criminal misc. Petition is allowed and the FIR mentioned above, and all further proceedings including proceedings pending in the Court of learned Metropolitan Magistrate No. 6, Jaipur Metropolitan-II, Jaipur in Criminal Case No. 438/2021, 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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SAHIL SONI /65

Nitu Choudhary W/O Sh. Nishant Choudhary D/O Ishwar Singh v. State of Rajasthan

Case brief

What is this about?

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Nitu Choudhary W/O Sh. Nishant Choudhary D/O Ishwar Singh v. State of Rajasthan

Case brief

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