Allowed

Abhishek Sharma S/O Shri Suresh @ Kishore Sharma, v. State of Rajasthan

Rajasthan HC2 Apr 2024CRLMP/1703/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal miscellaneous petition under Section 482 CrPC to quash proceedings for offences under IPC and Motor Vehicle Act. The Court found that a valid compromise was executed between the petitioner and the private accused, rendering the proceedings unobjectionable.

What did the court decide?

The order passed by Judicial Magistrate, Chomu in Criminal Case No.450/2023 arising out of FIR No.243/2023 is quashed and set aside.

Abhishek Sharma S/O Shri Suresh @ Kishore Sharma, Vs… — Cheque Dishonour | Rajasthan HC (2024)

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[2024:RJ-JP:15457]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 1703/2024

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Abhishek Sharma S/o Shri Suresh @ Kishore Sharma, Aged About 36 Years, Resident Of Pokharsa Ka Bas, Kaladera, Jaipur Rural, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Om Prakash Yadav S/o Shri Hanuman Sahay, Hanin Walon Ki Dhani, Village Maheshwas Kalan, Police Station Kalwar, District Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Keshav Kumar Agrawal For Respondent(s) : Mr. M.K. Sheoran, PP Mr. Anil Kumar Jain

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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02/04/2024

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Parties are present in present and they have duly been identified by their counsel.

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By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioner has approached this Court with a prayer to quash the order passed by Judicial Magistrate, Chomu, District Jaipur in Criminal Case No.450/2023 arising out of FIR No.243/2023 registered at Police Station Kaladera, District Jaipur Rural for the offences punishable under Sections 279 and 304A of IPC and Sections 3/181 and 134/187 of Motor Vehicle Act along with all subsequent proceedings arising out of it.

[2024:RJ-JP:15457]

[CRLMP-1703/2024]

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Learned counsel for the petitioner submits that parties have resolved their dispute amicably and a written compromise has also been executed between them. He submits that deed of compromise has been annexed with this petition.

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Learned counsel for the complainant-respondent No.2 does not dispute the factum of compromise. Under the instructions of complainant-Om Prakash Yadav, who is present in court, counsel submits that he has entered into compromise with the petitioner and he is not intended to pursue criminal proceedings against the petitioner as well as any other person. He submits that he has no objection if proceedings pending against the petitioner as well as others, before the trial court in criminal case No.450/2023 are quashed on the basis of compromise.

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In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the parties have resolved their dispute and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ], the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties.

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In view of the above, this criminal misc. petition is allowed and the order passed by Judicial Magistrate, Chomu, District Jaipur in criminal case No.450/2023 arising out of FIR No.243/2023

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[2024:RJ-JP:15457]

[CRLMP-1703/2024]

registered at Police Station Kaladera, District Jaipur Rural are

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quashed and set aside. Consequence to follow.

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