High CourtsSingle Bench(2020) 09 RAJ CK 0010

Laxman Ram Gurjar vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 4 September 2020

HON’BLE JUDGES
Satish Kumar Sharma, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous (Petition) No. 2529 Of 2020

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Judgment

7 paragraphs · 294 words
1.

This Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioner in case No.966/2019, titled State Vs. Laxman Ram Gurjar in the court of Additional Chief Metropolitan Magistrate No.6, Jaipur City, Jaipur for offences under Sections 420, 494 and 384 IPC on the basis of compromise entered between the parties.

2.

Heard learned counsel for both the sides and perused the material made available on record.

3.

Learned counsel for the petitioners submits that the challan under Sections 420, 494 and 384 IPC was filed against the petitioner. On the basis of compromise arrived at between the parties, the petitioner has been acquitted of the charge under Sections 420 and 494 IPC, but the trial has been directed to be continued for remaining offence of Section 384 IPC. Being personal dispute mainly of civil nature, it would be abuse of process if the trial is allowed to be continued. Hence to meet the ends of justice, the proceedings in this case deserve to be quashed.

4.

Learned counsel for the complainant has prayed for quashment of proceedings in this case on the basis of compromise.

5.

Learned Public Prosecutor submits for appropriate orders.

6.

As per settled legal position expounded by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan [(2019)5 SCC 688] the criminal proceedings can be considered to be quashed on the basis of compromise under Section 482 CrPC in personal disputes. Therefore, having regard to the nature of dispute between the parties, the criminal proceedings pending against the petitioner for remaining offence under Section 384 deserve to be quashed.

7.

Resultantly, the petition is allowed and the criminal proceedings pending against the petitioner in the above case are hereby quashed.