Rajasthan High Court - Jaipur
Vikas Vaishnav S/O Shri Munnalal vs State Of Rajasthan on 24 October, 2018
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6401/2018
1. Vikas Vaishnav S/o Shri Munnalal, B/c Vaishnav, R/o House
No.h-37, Saini Colony, Ramnagar Extension, Police Station
Mahesh Nagar, Jaipur.
2. Govind Vaishnav S/o Shri Munnalal, B/c Vaishnav, R/o House
No.h-37, Saini Colony, Ramnagar Extension, Police Station
Mahesh Nagar, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp.
2. Himmat Singh @ Peter S/o Shri Ghanshyam Singh B/c Charan,
R/o 18-A, Shiv Colony, New Sanganer Road, Police Station
Mahesh Nagar, Jaipur.
----Respondents
AND S.B. Criminal Miscellaneous (Petition) No. 6402/2018 Himmat Singh @ Peter S/o Shri Ghanshyam Singh B/c Charan, R/o 18-A, Shiv Colony, New Sanganer Road, Police Station Mahesh Nagar, Jaipur.
----Petitioner Versus
1. State Of Rajasthan, Through P.p.
2. Munnalal S/o Shri Hanuman Sahai B/c Vaishnav, R/o House No. H-37, Saini Colony, Ramnagar Extension, Police Station Mahesh Nagar, Jaipur.
3. Vikas Vaishnav S/o Shri Munnalal B/c Vaishnav, R/o House No. H-37, Saini Colony, Ramnagar Extension, Police Station Mahesh Nagar, Jaipur.
4. Govind Vaishnav S/o Shri Munnalal B/c Vaishnav, R/o House No. H-37, Saini Colony, Ramnagar Extension, Police Station Mahesh Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Akshay Sharma, IN CRLMP
No.6401/2018
(2 of 4) [CRLMP-6401/2018]
Mr. Sikander Ali, In CRLMP
No.6402/2018
For Respondent(s) : Mrs. Meenakshi Pareek, P.P.
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order 24/10/2018 By this common order, S.B. Criminal Miscellaneous (Petition) No.6401/2018 preferred by Vikas Vaishnav & Govind Vaishnav Vs. State of Rajasthan & Himmat Singh @ Peter, shall be decided, along with S.B. Criminal Miscellaneous (Petition) No.6402/2018 instituted by Himmat Singh @ Peter Vs. State of Rajasthan, Munnalal, Vikas Vaishnav and Govind Vaishnav respectively.
Both the petitions have arisen out of a case and cross-case. In S.B. Criminal Miscellaneous (Petition) No.6401/2018 a prayer has been made for quashing of the proceedings arising out of impugned F.I.R. No.70/2013 registered at Police Station Mahesh Nagar, Jaipur City (South) for offences punishable under Sections 323, 341, 427, 336, 452 and 504 I.P.C., whereas in S.B. Criminal Miscellaneous (Petition) No.6402/2018 quashing of impugned F.I.R. No.71/2013 registered at same Police Station Mahesh Nagar, Jaipur City (South) for offences punishable under Sections 323, 341 and 452 I.P.C. is prayed for.
Himmat Singh @ Peter, complainant of case/F.I.R. No.70/2013 and Munna Lal, complainant of case/F.I.R. No.71/2013 are present in person before this Court, along with injured Govind Vaishnav and Vikas Vaishnav respectively, who have suffered injuries pertaining to case arising out of F.I.R. No.71/2013 registered at Police Station Mahesh Nagar Jaipur City (South).
(3 of 4) [CRLMP-6401/2018] Mr. Akshay Sharma, Advocate has identified Himmat Singh @ Peter. Similarly, Mr. Sikander Ali, Advocate has identified Munna Lal, Vikas Vaishnav and Govind Vaishnav, who are present in person before this Court.
The learned counsel appearing for the parties have jointly submitted that the compromise was presented before the trial Court. The trial Court accepted the compromise, qua various offences, but rejected the same, qua offence punishable under Section 336 I.P.C. in respect of S.B. Criminal Miscellaneous Petition No.6401/2018, and qua offence punishable under Section 452 I.P.C., in respect of S.B. Criminal Miscellaneous Petition No.6402/2018.
The learned counsel appearing for the parties have vouchsafed the factum of compromise.
The accused and complainant of both the F.I.Rs., present in person, have stated that the compromise has been arrived between the parties and the matter has now been amicably resolved in order to promote everlasting peace, amity and harmony. They have further stated that they being neighbourers no longer intend to pursue the impugned F.I.R.
In the present case, quashing of impugned F.I.R., along with all subsequent proceedings has been sought on the basis of the compromise affected between the parties.
Counsel appearing for the petitioners has submitted that dispute which is essentially private in nature stands resolved.
Counsel appearing for the petitioners has prayed that since the dispute has been amicably resolved, the criminal case pending between the parties as well as impugned F.I.R. be quashed.
It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while (4 of 4) [CRLMP-6401/2018] exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash the proceedings even qua non-compoundable offences.
Relying upon the case of Gian Singh Vs. State of Punjab & Another [(2012) 10 S.C.C. 303], learned counsel for the petitioners has pleaded that this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. ought to quash the criminal proceedings, which have been amicably resolved.
Considering the fact that parties have amicably resolved their dispute, the principle established by the Apex Court in the case of Gian Singh [supra] and in the interest of justice, this Court, hereby, quashes impugned No.70/2013 registered at Police Station Mahesh Nagar, Jaipur City (South) for offences punishable under Sections 323, 341, 427, 336, 452 and 504 I.P.C., and F.I.R. No.71/2013 registered at same Police Station Mahesh Nagar, Jaipur City (South) for offences punishable under Sections 323, 341 and 452 I.P.C., along with all subsequent proceedings.
Resultantly, both the petitions are allowed. Let a copy of this order be placed in the connected petition.
(KANWALJIT SINGH AHLUWALIA),J ashok Powered by TCPDF (www.tcpdf.org)