Rajasthan High Court - Jaipur
Vijay Singh Malawat S/O Shri Hasti Mal vs State Of Rajasthan on 10 January, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7187/2021
Vijay Singh Malawat S/o Shri Hasti Mal, R/o Opp. Axis Bank,
Merta City District Nagaur.
----Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Victim, Aged About 24 Years, R/o
----Respondents
For Petitioner(s) : Mr. P.C. Yadav, through VC.
For Respondent(s) : Mr. Arvind Kumar, PP.
Mr. Ankur Saxena, through VC, for
Complainant.
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/01/2022
The instant criminal misc. Petition has been filed under Section 482 Cr.PC for quashing of FIR No.230/2019 registered at P.S. Ramganj Distt. Ajmer for the offence under Sections 363, 366, 376, 376(2)(n), 342, 384 IPC.
It is submitted by 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 proceeding further.
On the other hand, learned counsel appearing for the respondent/complainant/victim admits the fact of compromise and submits that he is wiling if the FIR and the proceedings are (Downloaded on 12/01/2022 at 09:53:05 PM) (2 of 4) [CRLMP-7187/2021] quashed on the basis of compromise entered in between the parties.
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 reported in (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 and for restitution of relationship and with a view to end-up the dispute in between them permanently, the High Court should (Downloaded on 12/01/2022 at 09:53:05 PM) (3 of 4) [CRLMP-7187/2021] 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. Though the offences of mental depravity, rape, dacoity and murder are not found to be appropriate to be quashed on the basis of compromise, however, the facts of this case are altogether different. Here in this case the prosecutrix is a grown up lady. As per her own contentions made in the FIR, she got married with the petitioner. It is alleged that when she came to know that the petitioner was already married with some other lady, the impugned FIR has been lodged but now the dispute has been resolved in between them finally. The prosecutrix does not wish to continue the proceedings. It would be a lame prosecution if allowed to be continued and would be a further wastage of time of the investigator, prosecution agency and the learned trial Court if the prosecutrix would not support the case of the prosecution in the course of trial. There's an affidavit of the prosecutrix negating the allegation. In this view of the matter, looking to the totality of the facts and circumstances of the case and following the view taken by this Court in S.B. Criminal Misc. Petition No. 5536/2021 decided on 18.10.2021, this Court deems it appropriate to quash the impugned FIR No.230/2019 registered at P.S. Ramganj, Distt. Ajmer, and all other proceedings (Downloaded on 12/01/2022 at 09:53:05 PM) (4 of 4) [CRLMP-7187/2021] undertaken in pursuant thereof are hereby quashed and set aside. The SHO concerned is directed to prepare the closure report within one month from the receipt of this order and shall submit the same to the Court concerned thereafter.
Accordingly, the criminal misc. Petition is allowed and the FIR No. 230/2019, 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. The stay petition also stands disposed of.
(FARJAND ALI),J PREETI VALECHA /51 (Downloaded on 12/01/2022 at 09:53:05 PM) Powered by TCPDF (www.tcpdf.org)