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2022 DIGILAW 1441 (RAJ)

Manish Meena v. State Of Rajasthan

2022-05-06

NARENDRA SINGH DHADDHA

body2022
JUDGMENT Narendra Singh Dhaddha, J. - Application (I.A. No. 01/2022) for early listing is allowed. The case is taken up today itself. 2. The instant criminal misc. petition under Section 482 Cr.P.C. has been preferred by the accused petitioner praying to quash and set-aside the criminal proceedings of Criminal Misc. Case No. 1576/2015 titled as State v. Satish Kumar Meena and others pending before the Additional Civil Judge-cum-Metropolitan Magistrate No. 30, Jaipur Metropolitan for the offence under Sections 147, 148, 427, 452, 379, 504 IPC arising out of FIR No. 64/2015 registered at Police Station Mahesh Nagar, Jaipur (South). 3. Learned counsel for the petitioner submits that compromise has been arrived between the parties and they have settled their dispute. Learned counsel for the petitioner further submits that trial court had attested compromise under Sections 427, 379 and 504 IPC. Offence under Sections 147, 148 & 452 of IPC are non-compoundable. So, criminal proceedings pending between them, be set aside. 4. Learned Public Prosecutor has opposed the arguments advanced by learned counsel for the petitioners. 5. Learned counsel for the complainant acknowledging the factum of compromise between the parties and submitted that he has no objection if the FIR in question and consequential criminal proceedings are quashed. 6. Heard learned counsel for both the parties and perused the record. 7. A perusal of the material on record shows that the dispute between the parties has amicably been settled by them. In view of compromise and the law laid down by the Hon'ble Apex Court of India in cases of Gian Singh v. State of Punjab (2012) 10 SCC 303 , Narinder Singh v. State of Punjab (2014) 6 SCC 466 and Manoj Agarwal & Anr. v. The State of Uttar Pradesh & Anr. decided on 04.03.2022 by the Hon'ble Supreme Court, this Court deems it just and proper to quash the FIR in question and consequential criminal proceedings. 8. Resultantly, this criminal miscellaneous petition is allowed. The the criminal proceedings of Criminal Misc. Case No. 1576/2015 titled as State v. Satish Kumar Meena and others pending before the Additional Civil Judge & Metropolitan Magistrate No. 30, Jaipur Metropolitan for the offence under Sections 147, 148, 427, 452, 379, 504 IPC arising out of FIR No. 64/2015 registered at Police Station Mahesh Nagar, Jaipur (South) Jaipur are set aside, qua the petitioner. 9. Stay application also stand disposed of.