Kamlesh Kumari @ Vimlesh Kumari v. State of Rajasthan
2009-10-05
R.S.CHAUHAN
body2009
DigiLaw.ai
JUDGMENT 1. - The petitioners, Kamlesh Kumari @ Vimlesh Kumari & Mahaveer Prasad are present before the Court. Similarly, non-petitioner No. 3, Smt. Dhanni Bai, is also present before the Court. The parties have been identified by their respective counsel. According to the counsel, the parties have already entered into a compromise; the complainant, Smt. Dhanni Bai, does not wish to pursue the criminal case against the petitioners. The Criminal case relates to the offence committed under Sections 420, 467, 468, 471 & 120-B IPC. 2. The learned counsel have relied upon the case of Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582 in order to buttress their contention that where the criminal case is purely of a personal nature between two parties, and where no public policy is involved, then even if the case is non-compoundable, in such a situation, in case a compromise has been reached between the warring parties, the Court should quash the criminal proceedings. On the basis of this judgment, the learned counsel have pleaded that the present case is purely of a personal nature and no public policy is involved. Therefore, the compromise should be adhered to, and the FIR, FIR No. 106/05 Registered at Police Station Railway Colony, District Kota should be quashed and set aside. 3. In the case of Madan Mohan Abbot (supra), the Apex Court has observed as under:- We need to emphasise that it is perhaps advisable that in disputes where the question involved is of a purely personal nature, the Court should ordinarily accept the terms of the compromise even in criminal proceedings as keeping the matter alive with no possibility of a result in favour of the prosecution is a luxury which the Courts, grossly overburdened as they are, cannot afford and that the time so saved can be utilised in deciding more effective and meaningful litigation. This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law. 4.
This is a common sense approach to the matter based on ground of realities and bereft of the technicalities of the law. 4. Keeping in view the principle laid down by the Apex Court, keeping in view the fact that the parties have entered into a compromise, keeping in view that this case involves criminal offences of purely personal nature, and does not involve a public policy, this Court deems it proper, in the interest of justice, to quash and set aside FIR, FIR No. 106/05 Registered at Police Station Railway Colony, District Kota.With these observations, this petition is, hereby, allowed.Petition Allowed. *******