Rajasthan High Court - Jaipur
Baljeet @ Boni & Anr. vs . State Of Rajasthan & Anr. on 22 July, 2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S. B. CRIMINAL MISC. PETITION No.3496/2015. : : Baljeet @ Boni & Anr. Vs. State of Rajasthan & Anr. : : Date of Order : 22.07.2015 HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL Mr. Yashwant Singh on behalf of Mr. Harendra Singh, for the petitioners.
Mr. Rishi Raj Singh Rathore, P. P. for the State.
Mr. Purshottam, for the complainant-respondent No.2.
Heard learned counsel for the parties.
By way of this criminal misc. petition under Section 482 Cr.P.C., the accused-petitioners have come to this Court with a prayer to quash the FIR No.203/2014 registered at Police Station Vidhyakpuri, Jaipur (South) for the offence punishable under Section 392 IPC. In the interregnum, the parties have entered into compromise and the compromise deed (Annex.2) has been filed.
It was jointly submitted by the learned counsel for the parties that due to some misunderstanding the respondent-complainant lodged the report, but now the parties have entered into compromise and amicably settled their dispute and in this respect a Compromise Deed (Annex.2) has also been filed. It was further submitted that the dispute is between private parties and the case is wholly covered by the principle of law laid down by the Larger Bench of Hon'ble Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of Dimpey Gujral Vs. Union Territory through Administratator, U. T. Chandigarh & Ors. reported in 2013 Cr.L.J. (SC) 520, and the FIR is liable to be quashed on the ground of compromise arrived between the parties although the offence is not compoundable.
-2-On consideration of submissions made on behalf of the respective parties and the material made available on record, I find that the instant case is covered by the principle of law laid down by the Larger Bench of the Hon'ble Supreme Court in the case of Gian Singh (supra) and by the judgment in the case of Dimpey Gujral (supra).
In view of the above, this criminal misc. petition is allowed and the FIR No.203/2014 registered at Police Station Vidhayakpuri, Jaipur (South) is quashed and set aside and as a consequence thereof the accused-petitioners are acquitted for all the offences for which it was registered. In view of the order passed above, the stay application is disposed of.
(PRASHANT KUMAR AGARWAL),J.
A.Arora/-
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