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2013 DIGILAW 2308 (RAJ)

Nityesh Soni and other v. State of Rajasthan

2013-12-17

NIRMALJIT KAUR

body2013
JUDGMENT 1. - This is criminal misc. petition under Section 482 Cr.P.C. for quashing of FIR No. 194/2008 of P.S. Mahila Thana & criminal proceeding pending vide Criminal Case No. 141/2011 before the learned Munsif District, Jodhpur Metropolitan. 2. During the pendency of criminal misc. petition No. 2777/2012, the parties entered into the compromise before this Court. The statement of the petitioner No. 1, petitioner No. 2 and respondent No. 2 was recorded to the said effect. In pursuance to the said compromise and the order dated 24.10.2013 passed in S.B. Cr. Misc. Petition No. 2777/2012, the present petition has been filed under Section 482 Cr.P.C. for quashing of the FIR No. 194/2008. 3. The petitioner No. 2, who is appearing in his private capacity as also counsel on behalf of the petitioner No. 1 and 3, who are his son and wife respectively, has handed over a Banker's cheque No. 481420 dated 14.12.2013 to the tune of Rs. 7,50,000/- to the respondent No. 2 who is present in the court along with learned counsel for the complainant. She has got her statement recorded separately. In her statement, it is stated by her that the matter has been compromised and she has no objection, if the FIR is quashed. 4. This Court is satisfied that the compromise is genuine. The dispute here, is personal in nature. 5. The Apex Court in the case of 'Madan Mohan Abbot v. State of Punjab' reported as (2008) 4 SCC 582 emphasised in para No. 6 as follows:- "6. 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." 6. In view of the above, the present criminal misc. petition is allowed and the FIR No. 194/2008 registered at Police Station Mahila Thana, Jodhpur and all subsequent proceedings arising out of the said FIR is quashed.Petition allowed. *******