Rajasthan High Court - Jaipur
Dhfl Pramerica Life Insurance Company ... vs State Of Rajasthan on 16 February, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 988/2022
Dhfl Pramerica Life Insurance Company Ltd., (Now Known As
Pramercia Life Insurance Ltd) Having Registered Office At 4Th
Floor, Building No. 9, Tower-B, Dlf Cyber City, Phase -Iii,
Gurugram Haryana Also Having Branch Office At Unit No.205,
206, 2Nd Floor, Building City Corporate, Malviya Marg, S-
Scheme, Jaipur Rajasthan 302001 Through Its Authorized Person
Namely Mr. Vikrant Shekhawat, Executive - Branch Operations
Having Employee I.d. 26185 Pramerica Life Insurance Limited
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Mr. Sheetal Sharma S/o Late Sh. Babu Ram Sharma, R/o H-68, Flat No. F-3, Manglam City, Kalwar Road, Jhotwara, Jaipur Rajasthan 302012
3. Deewan Housing Finance Corporation Ltd., Through Manager Director Having Registered Office At 2Nd Floor, Warden Hose, Sir P.m. Road, Fort, Mumbai 400001 And Also Having Office At 302, 3Rd Floor, N.e 3A Opposite Air, Mi Road, Jaipur 302001
----Respondents For Petitioner(s) : Mr. Anshuman Saxena.
For Respondent(s) : Mr. F.R. Meena, PP.
Mr. Govind Gupta, for complainant.
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/02/2022
The instant criminal misc. Petition has been filed under Section 482 Cr.PC for quashing of FIR No.846/2021 registered at P.S. Kardhani, Jaipur for the offence under Sections 403, 420, 467, 468, 471 and 120B IPC.
It is submitted by counsel for the petitioner that the dispute in between the parties has been resolved through an amicable settlement and now there remains no controversy in between (Downloaded on 23/02/2022 at 09:05:09 PM) (2 of 3) [CRLMP-988/2022] them and the parties do not wish to continue the criminal proceeding further.
On the other hand, learned counsel appearing for the respondent/complainant/victim admits the fact of compromise and submits that he is wiling if the FIR and the proceedings are quashed on the basis of compromise entered in between the parties. Learned counsel for the petitioner assures this Court that agreed cheque amount shall be handed over to the complainant as per the conditions incorporated in the agreement dated 17.12.2021.
Learned Public Prosecutor has opposed the petition. 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 offence alleged in this matter is non- compoundable, however Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab reported in (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. It is observed that in such cases, the prosecution becomes the lame prosecution and pursuing such a lame prosecution would be a waste of time and energy. That will also unsettle the compromise and obstruct (Downloaded on 23/02/2022 at 09:05:09 PM) (3 of 3) [CRLMP-988/2022] restoration of peace. This court is aptly guided by the principles propounded by Hon'ble the Supreme Court and feels that whether dispute is essentially inter se between the parties, either they are relatives; neighbours or having business relationship and which does not affect the society at large, then in such cases, with a view to maintain harmonious relationships between the two sides and for restitution of relationship and with a view to end-up the dispute in between them permanently, the High Court should exercise its inherent power to quash the FIR and all other subsequent proceedings initiated thereto.
Here in this case, though the offences are not compoundable but 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.
Accordingly, the criminal misc. Petition is allowed and the FIR mentioned above, and all further proceedings undertaken in pursuance thereof are hereby quashed and set aside. The SHO concerned is directed to file a closure report with the concerned Judicial Magistrate within a period of one month from the date of receiving copy of this order. The stay petition also stands disposed of.
(FARJAND ALI),J PREETI VALECHA /178 (Downloaded on 23/02/2022 at 09:05:09 PM) Powered by TCPDF (www.tcpdf.org)