Rajasthan High Court - Jaipur
Vimal Kumar Gupta Son Of Shri Kapoor ... vs State Of Rajasthan on 4 February, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1348/2022
Vimal Kumar Gupta Son Of Shri Kapoor Chand Gupta, Aged
About 58 Years, Resident Of Ward No. 31, Near Shiv Temple,
Shubh Laxmi Mill Colony, Gandhi Nagar, Gangapur City, District
Sawai Madhopur (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Hari Mohan Bairwa Son Of Prabhu Lal, Resident Of
Kadipatti, Police Station, Sadar Gangapur City, District
Sawai Madhopur (Rajasthan).
----Respondents
For Petitioner(s) : Rahul Sharma Advocate on behalf of Mr. Rajneesh Gupta Advocate through Video Conferencing.
For Respondent(s) : Mr. Arvind Kumar, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/02/2022
The instant criminal miscellaneous petition has been filed under Section 482 Cr.PC for quashing of FIR No. 06/2022 registered at Police Station Sadar Gangapur City, District Sawai Madhopur for the offence under Sections 354-A, 342, 509 & 504 of Indian Penal Code, 1860 and Section 7/8 of the Protection of Children From Sexual Offences (Amended) Act, Section 3(1)(r), 3(1)(s), 3(1)(b) & 3(2) (vii) of Schedule Cast and Schedule Tribe (Prevention of Atrocities) Act, 1989.
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 (Downloaded on 10/02/2022 at 09:09:37 PM) (2 of 3) [CRLMP-1348/2022] between them and the parties do not wish to continue the criminal proceeding further.
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 [(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. 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 & for restitution of relationship and with a view to end-up the dispute in between them permanently, the High Court should (Downloaded on 10/02/2022 at 09:09:37 PM) (3 of 3) [CRLMP-1348/2022] 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 miscellaneous petition is allowed and the said 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.
Looking to the peculiar facts and circumstances of the case, petitioner is directed to deposit a sum of Rs.20,000/- in the account of Rajasthan Legal Services Authority, Jaipur. The receipt of the same shall be supplied within four days to the Court Master of this court.
Needless to say that the costs of proceedings is not deposited as aforesaid, the order of quashing the proceedings shall be inoperative.
(FARJAND ALI),J Sanjay Kumawat-208 (Downloaded on 10/02/2022 at 09:09:37 PM) Powered by TCPDF (www.tcpdf.org)