Petitioner sought quashing of an FIR via Section 528 BNSS citing a compromise. The Court allowed the petition, quashing the FIR and subsequent proceedings based on a genuine settlement referencing Gian Singh and Narinder Singh precedents.
Quashing of FIR No.173/2024 and all subsequent proceedings.
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[2024:RJ-JP:39266]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5416/2024
Jaideep Mehta S/o Late Shri Pratap Singh, Aged About 63 Years, R/o Karigar Bebas, Top Floor, Centre Point, Sushant Lok, Gurgaon, Haryana.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Me. Deepak Chouhan For Respondent(s) : Mr. Jitendra Singh Rathore, Addl. G A Mr. Sumer Saini
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
17/09/2024
This criminal miscellaneous petition has been filed by the petitioner under Section 528 BNSS for quashing and setting aside FIR No.173/2024 registered at Police Station Gandhi Nagar, Jaipur City (East) for the offence under Sections 420, 467, 468, 471 and 120-B IPC and all subsequent proceedings.
Learned counsel for the petitioners as well as learned counsel for the complainant submitted that a compromise has been arrived between the parties and they have settled their dispute. They have filed original compromise, which is available on record.
Learned Addl. G A has opposed the arguments.
(2 of 2) [CRLMP-5416/2024]
[2024:RJ-JP:39266]
The parties are present in the Court today and their signatures have been obtained on the court's order sheet. They have been duly identified by their respective Advocates.
Heard learned counsel for both the parties and perused the record.
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 in cases of Gian Singh Vs. State of Punjab (2012) 10 SCC 2023 and Narinder Singh Vs. State of Punjab (2014) 6 SCC466, this Court deems it just and proper to quash the FIR in question.
Resultantly, this criminal miscellaneous petition is allowed. The FIR No.173/2024 registered at Police Station Gandhi Nagar, Jaipur City (East) and all subsequent proceedings, if any, are hereby quashed and set aside.
Pending application(s), if any, stand(s) disposed of.
(NARENDRA SINGH DHADDHA),J
Tahir/145
2 issues framed by the court
Whether an FIR under Sections 420, 467, 468, 471 IPC and 120-B IPC is liable to be quashed after a compooundue between parties?
Whether a compromise makes it just and proper to quash the criminal proceedings?
Colour shows how this judgement treated each authority
Gian Singh Vs. State of PunjabFollowed¶21
Gian Singh Vs. State of Punjab (2012) 10 SCC 2023 · Who else cites this
Narinder Singh Vs. State of PunjabFollowed¶21
Narinder Singh Vs. State of Punjab (2014) 6 SCC466
3 provisions across 3 enactments
Jaideep Mehta
State Of Rajasthan
Sudha Mehta
Narendra Singh Dhaddha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
