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2021 DIGILAW 277 (RAJ)

Babban Singh Rajawat v. State of Rajasthan

2021-02-03

SATISH KUMAR SHARMA

body2021
JUDGMENT : Satish Kumar Sharma, J. 1. This Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioners in case No. 481/2005, titled State vs. Babban Singh in the court of Additional Chief Judicial Magistrate No. 6, Jaipur City for offences under Sections 420, 467, 468, 471 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 petitioner submits that the challan under Sections 420, 467, 468 and 471 IPC was filed against the petitioners. On the basis of compromise arrived at between the parties, the petitioner has been acquitted of the charge under Section 420 IPC, but the trial has been directed to be continued for remaining offences of Sections 467, 468 and 471 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 quashed under Section 482 Cr.P.C. on the basis of compromise where the crime is not heinous in nature and the dispute is private or personal in nature, and in Gian Singh vs. State of Punjab & Another [ (2012) 10 SCC 303 ] High Court may quash criminal proceedings under Section 482 Cr.P.C. if in its view, because of the compromise between the offender and victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. Therefore, in light of the above settled legal position and having regard to the nature of dispute between the parties, the criminal proceedings pending against the petitioner for remaining offences under Sections 467, 468 and 471 IPC deserve to be quashed. 7. Therefore, in light of the above settled legal position and having regard to the nature of dispute between the parties, the criminal proceedings pending against the petitioner for remaining offences under Sections 467, 468 and 471 IPC 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.