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2009 DIGILAW 2183 (RAJ)

Ram Kishan v. State of Rajasthan

2009-10-21

K.S.RATHORE

body2009
JUDGMENT 1. - Heard learned counsel for the petitioners, learned counsel for the complainant and learned Public Prosecutor. 2. Both the learned counsel for the parties admit that they have entered into a compromise and in view of compromise, the complainant does not want to pursue the complaint as the parties amicably settled the dispute, which was of purely civil nature and both the parties executed compromise deed and a copy of the same is also filed alongwith this misc. petition. Both the learned counsel for the parties submit that the matter is squarely covered by judgment of the Hon'ble Supreme Court rendered in the case of Jagdish Chanana & Ors. v. State of Haryana & Anr., AIR 2008 SC 1968 , wherein the Hon'ble Supreme Court observed as under: "In the light of the compromise, it is unlikely that the prosecution will succeed in the matter. We also see that the dispute is a purely personal one and no public policy is involved in the transactions that had been entered into between the parties. To continue with the proceedings, therefore, would be a futile exercise. We accordingly allow the appeal and quash F.I.R. No. 83 dated 12.3.2005 P.S. City Sonepat and all consequential proceedings." 3. I have carefully perused the compromise arrived at between the parties and the impugned F.I.R. as well as the judgment rendered by Hon'ble Supreme Court in the case of Jagdish Chanana (supra). The ratio decided by Hon'ble Supreme Court squarely covers the present dispute also as the parties have amicably settled the dispute, which is said to be of civil nature. The complainant is also present in the Court in person and states that he is not interested to pursue the complaint. In view of these facts and circumstances of case, it will be a futile exercise to continue with the criminal proceedings.Consequently, the misc. petition stands allowed. The F.I.R. No. 4/2009 lodged against the petitioner at Police Station Chandwaji, Jaipur Rural, Jaipur for offence under Sections 420, 467, 468, 471 and 120-B I.P.C. is hereby quashed and set aside.Petition allowed. *******