Rajasthan High Court - Jaipur
Sanjay Chaturvedi vs . State Of Rajasthan & Ors. on 22 August, 2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S. B. CRIMINAL MISC. PETITION No.155/2014. : : Sanjay Chaturvedi Vs. State of Rajasthan & Ors. : : Date of Order : 22.08.2015 HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL Mr. S. N. Kumawat, for the petitioner.
Mr. Jitendra Shrimalli, P. P. for the State.
Mr. Sandeep Jain, for the complainant-respondent No.3.
Heard learned counsel for the parties.
By way of this criminal misc. petition under Section 482 Cr.P.C., the accused-petitioner has come to this Court with a prayer to quash the proceedings pending before the Additional Civil Judge (Jr.Division) & Judicial Magistrate No.19, Jaipur Metropolitan, Jaipur in Criminal Case No.1488/2013 in respect of FIR No.242/2013 registered at Police Station Vidhyadhar Nagar, Jaipur for the offences punishable under Sections 380, 420, 467, 468, 471 & 120-B IPC. In the interregnum, the parties have entered into compromise.
It was jointly submitted by the learned counsel for the parties that due to some misunderstanding the respondent-complainant lodged the report, but now the parties have entered into compromise and amicably settled their dispute. It was further submitted that the dispute is between private parties and the case is wholly covered by the principle of law laid down by the Larger Bench of Hon'ble 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 Dimpey Gujral Vs. Union Territory through Administratator, U. T. Chandigarh & Ors. reported in 2013 Cr.L.J. (SC) 520, and the aforesaid criminal proceedings pending before the trial Court is liable to be quashed on the ground of compromise arrived between the parties although the offences are not compoundable.
On consideration of submissions made on behalf of the respective parties and the material made available on record, I find that the instant case is covered by the principle of law laid down by the Larger Bench of the Hon'ble Supreme Court in the case of Gian Singh (supra) and by the judgment in the case of Dimpey Gujral (supra).
In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before the Additional Civil Judge (Jr.Division) & Judicial Magistrate No.19, Jaipur Metropolitan, Jaipur in Criminal Case No.1488/2013 in respect of FIR No.242/2013 registered at Police Station Vidhyadhar Nagar, Jaipur for the offences punishable under Sections 380, 420, 467, 468, 471 & 120-B IPC are quashed and set aside and as a consequence thereof the accused-petitioner is acquitted for the aforesaid offences. In view of the order passed above, the stay application is disposed of.
(PRASHANT KUMAR AGARWAL),J.
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