Anurag Choudhary Alias Anurag Kashyap v. State of Rajasthan
2018-03-16
KANWALJIT SINGH AHLUWALIA
body2018
DigiLaw.ai
JUDGMENT Kanwaljit Singh Ahluwalia, J. - Complainant-Raju Jangid is present in court, he has been identified by his counsel Mr. Kailash Sain. 2. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of proceedings arising out of FIR No.09/2003 registered at Police Station Shyam Nagar, District Jaipur, for offences under Sections 147, 341 and 323 IPC. 3. Counsel for the petitioner has contended that during pendency of the proceedings parties affected compromise and the same was presented before the trial court. 4. Counsel for the petitioner has contended that the said compromise was verified by the trial court and was accepted qua offences under Sections 341 and 323 IPC. The order dated 29.04.2017 passed by the court of Additional Civil Judge and Metropolitan Magistrate No.6, Jaipur Mahanagar, Jaipur, reads as under:- 5. Counsel for the petitioner has contended that once the compromise affected qua offences under Sections 341 and 323 IPC, was accepted by the trial court, now petitioner is being sought to be prosecuted for offence under Section 147 IPC as the said offence is non-compoundable. 6. Mr. Kailash Sain, counsel for the complainant has also vouchsafed the factum of compromise. 7. It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash the proceedings even qua non-compoundable offences. 8. Relying upon the case of Gian Singh Vs. State of Punjab & Another , (2012) 10 SCC 303 , learned counsel for the parties have pleaded that this Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. ought to quash the criminal proceedings, which have been amicably resolved. 9. Considering the fact that parties have amicably resolved their dispute, the principle established by the Apex Court in the case of Gian Singh [supra] and in the interest of justice, this Court, hereby, quashes impugned First Information Report No.09/2003, registered at Police Station Shyam Nagar, District (3 of 3) [CRLMP-927/2018] Jaipur, for above said offences, along with all subsequent proceedings. 10. Resultantly, the petition is, hereby, allowed. 11. Upon disposal of the main petition, the stay application, filed therewith, does not survive; the same is also disposed of.