Rajasthan High Court - Jaipur
Sanjay Nayak S/O Shree Tejpal Nayak B/C ... vs State Of Rajasthan on 7 January, 2021
Author: Satish Kumar Sharma
Bench: Satish Kumar Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 2898/2019
Sanjay Nayak S/o Shree Tejpal Nayak, Aged About 19 Years, R/o
Humdard Nagar, Ward No.3, Ghandi Nagar, P.S. Ghandi Nagar,
District Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp.
2. Ashish S/o Parasmal, Aged About 37 Years, R/o Utdha
Road, Krishnapuri, Madanganj, Kishangarh, Ajmer, Raj.
----Respondents
For Petitioner(s) : Mr. Pradeep Sharma through VC For Respondent(s) : Mr. Manish Sharma through VC for Mr. Arun Panwar Mr. Ramesh Choudhary, P.P. HON'BLE MR. JUSTICE SATISH KUMAR SHARMA Order 07/01/2021
1. This Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings on the basis of compromise, which are pending against the petitioner in Criminal Case No.248/2017; State Vs. Sanjay And Ors., in the court of the Additional Chief Judicial Magistrate No.2, Kishangarh, Ajmer for the offence under Section 384 IPC.
2. Heard learned counsel for both the sides and perused the material made available on record.
3. Learned counsel appearing for both the sides have submitted that initially challan was presented under Sections 384 and 406 IPC against Sanjay Nayak. Both the parties are neighbors and the report was lodged in misunderstanding. Now, compromise has (Downloaded on 08/01/2021 at 09:40:22 PM) (2 of 2) [CRLMP-2898/2019] been arrived at between them. On the basis of compromise, accused-petitioner has been acquitted from the offence of 406 IPC, but proceedings have been kept pending for trial of offence under Section 384 IPC. The accused-petitioner is a young boy of 19 years only and has no criminal antecedents. In such a circumstance, no fruitful purpose is going to be served to continue the criminal proceedings for remaining offence of 384 IPC.
4. Learned Public Prosecutor submits that appropriate order may be passed in the matter.
5. It is well settled legal position as expounded by the Hon'ble Supreme Court in Jitendra Raghuvanshi And Ors. vs. Babita Raghuvanshi And Ors. [(2013) 4 SCC 58] that the criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of compromise in the disputes which are private in nature and parties are willing to settle their differences amicably.
6. In this case also the accused-petitioner has been acquitted of the charge under section 406 IPC on the basis of compromise and trial has been kept pending for offence under Section 384 IPC. Both the parties are neighbors and in view of their settlement, no fruitful purpose will be served in keeping the trial pending for remaining offence of Section 384 IPC.
7. Accordingly, the petition is allowed. The criminal proceedings pending against the petitioner in Criminal Case No.248/2017, State Vs. Sanjay And Ors., in the court of Additional Chief Judicial Magistrate No.2, Kishangarh, Ajmer are hereby quashed. Application for early listing stands disposed of.
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