Rajasthan High Court - Jaipur
Smt. Kavita Sharma D/O Shri Omprakash ... vs Vinod Kumar Sharma S/O Late Shri ... on 3 January, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Application No. 338/2021
In
S.B. Criminal Misc. Petition No. 3389/2020
Smt. Kavita Sharma D/o Shri Omprakash Sharma, R/o Near
Khatiyon Ka Temple, Gordhanpura, P.s. Gumanpura Kota
----Petitioner
Versus
1. Vinod Kumar Sharma S/o Late Shri Ramratan Sharma,
R/o Street No. 3, Nai Basti, Ambika Colony, Bihariganj
Ajmer.
2. State Of Rajasthan, Through P.p.
----Respondents
For Petitioner(s) : Mr. A.K. Bharadwaj.
For Respondent(s) : Mr. Ramesh Choudhary, PP.
Mr. Anurag Mathur, for Complainant.
HON'BLE MR. JUSTICE FARJAND ALI
Order
03/01/2022
By way of instant criminal misc. application, modification of the order dated 27.09.2021 has been sought by the counsel for the parties. It is jointly submitted that since the parties have settled their dispute amicably and the complainant of FIR No. 252/2014 (FR No. 368/2014) does not wish to pursue the matter and subsequently passed an order dated 28.02.2017 by the JM No.6, Ajmer regarding taking cognizance of the offence under Section 495 IPC. However, since the offence under Section 495 is not compoundable, therefore, order dated 28.02.2017 requires to be quashed and set aside in view of the compromise deed. (Downloaded on 07/01/2022 at 09:14:34 PM)
(2 of 2) [CRLMA-338/2021] Heard. Perused the material available on record. It is emanating from the material available on record that the parties have settled their dispute amicably through mediation proceeding. As per the terms of mediation award, a proceeding under Section 495 IPC was also agreed to be culminated by way of filing appropriate petition. Since offence under Section 495 IPC is not compoundable and the same is inter se in between the parties and does not affect the society at large, there is no impediment to quash the proceedings.
In view of the judgment passed by the Hon'ble Supreme Court in the matter of Gian Singh versus State of Punjab & Anr. (Special Leave Petition (CRL.) NO. 8989 of 2010) the entire proceeing in connection with FIR No. 252/2014 of Police Station Alwar Gate, Ajmer and all consequential proceedings including the order dated 28.02.2017 passed by the JM-VI, Ajmer whereby cognizance under Section 495 IPC was taken and process was directed to be issued against the petitioner is hereby quashed and set aside.
Accordingly, the criminal misc. application is allowed.
(FARJAND ALI),J PREETI VALECHA /12 (Downloaded on 07/01/2022 at 09:14:34 PM) Powered by TCPDF (www.tcpdf.org)