Rajasthan High Court - Jaipur
Nikhil Morani S/O Shri Ramesh Morani vs State Of Rajasthan (2023/Rjjp/008898) on 28 April, 2023
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2023/RJJP/008898]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1941/2023
Nikhil Morani S/o Shri Ramesh Morani, Aged About 28 Years,
Presently Residing At 664, Rani Sati Nagar Janpath Lane No. 8,
Nirman Nagar, Jaipur- 302019.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Narendra Soni S/o Vinod Kumar Soni, Presently Residing
At 42/73/6, Varun Path,mansarovar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Vaibhav Nain
For Respondent(s) : Mr. Chandragupt Chopra, PP
Mr. Ramdhan Choudhary,
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
28/04/2023
1. Both parties are present in person and have been identified by their respective counsel .
2. The instant criminal misc. Petition has been filed under Section 482 Cr.PC for quashing of FIR No. 35/2023 registered at Police Station Sodala, District Jaipur (South) for offences under Sections 279 & 337 IPC.
3. It is submitted by learned 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 them and the parties do not wish to continue the criminal (Downloaded on 11/11/2023 at 05:08:43 PM) [2023/RJJP/008898] (2 of 3) [CRLMP-1941/2023] proceeding further. In support of his contention, a written compromise has also been annexed with this petition.
4. Learned counsel appearing for complainant-respondent admits the factum of compromise and submits that he does not have any objection if the FIR and the proceedings are quashed on the basis of compromise entered in between the parties.
5. Learned Public Prosecutor has opposed the petition.
6. 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 alleged offence under Section 279 IPC in this matter is non-compoundable, however Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab [(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 restoration of peace.
7. In this background and keeping in view the ratio of the Supreme Court Judgment in the case of Gian Singh vs State of (Downloaded on 11/11/2023 at 05:08:43 PM) [2023/RJJP/008898] (3 of 3) [CRLMP-1941/2023] Punjab & Anr., this Court is of the opinion that further proceedings of the impugned FIR deserve to be quashed on the basis of compromise.
8. Accordingly, the criminal misc. Petition is allowed and the FIR No.35/2023 registered at Police Station Sodala and all subsequent proceedings arising out of it are hereby quashed and set aside.
9. The stay application also stands disposed of.
(ANIL KUMAR UPMAN),J /Sudhir Asopa/95 (Downloaded on 11/11/2023 at 05:08:43 PM) Powered by TCPDF (www.tcpdf.org)