Govind Vyas vs State of Rajasthan and Another

R.S. Chauhan, J.—Both the Petitioner, Govind Vyas as well as the complainant, Satyanarayn Suman, are present before this Court. They have been identified by their respective counsels. Their presence has been recorded in the Court file. Both the parties are ad idem that they have entered into a compromise. A copy of the compromise is also available in the Court file. According to the compromise, the complainant, Satyanarayn Suman, clearly states that he and the petitioner have resolved their dispute with regard to the amount due to him.Therefore, he does not wish to pursue any criminal case against the Petitioner. Moreover, he has agreed that the amount deposited by the Petitioner before the Subordinate Court, the Petitioner shall be free to withdraw the said amount and he shall have no objection thereto.

Considering the fact that both the parties have entered into a compromise and considering the fact that Hon''ble the Apex Court Court has held in several cases that in case the warring parties peacefully settle their disputes, this Court has ample power to quash and set aside the proceedings, therefore, this Court quashes and sets aside the order dated 25.10.2010, passed by the Additional Session Judge (Fast Track) No. 2, Kota and the order dated 9.6.2009, passed by the Judicial Magistrate No. 5, Kota. Moreover, in accordance with the compromise, the Petitioner is allowed to withdraw the amount deposited by him before the Subordinate Court.

With these observations, this petition is, hereby, disposed of.