2014 Supreme(Raj) 1760
RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Dharmendra Singh and another - Appellant
Versus
State of Rajasthan and another - Respondent
S.B. Criminal Misc. Petition No. 1849 of 2014.
Decided On : 01-10-2014
For the Petitioner:Mr. C.S.Kotwani, Advocate.
For the State: Mr. V.S. Rajpurohit, P.P.
For the Respondent No. 2:Mr. M.C.Tak, Advocate.
Quashing of criminal proceedings based on compromise is expedient in the interest of justice, as per the guidelines issued by the Hon'ble Apex Court.
Headnote:
Compromise - Criminal Proceedings - The court quashed the criminal proceedings based on a compromise between the parties, following the guidelines issued by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab & Anr.
Fact of the Case:
The petitioners sought quashing of criminal proceedings for offences under Sections 420, 418, and 120B IPC based on a compromise between the parties in a civil dispute related to a land transaction.
Finding of the Court:
The court found that the compromise between the parties warranted quashing of the criminal proceedings, especially considering the nature of the dispute and the potential for unsettling the compromise if the proceedings continued.
Issues: The main issue was whether the criminal proceedings should be quashed based on the compromise between the parties.
Ratio Decidendi: The court relied on the guidelines issued by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab & Anr., which emphasized the expediency of quashing criminal proceedings based on compromise in the interest of justice.
Final Decision: The court allowed the misc. petition and quashed the proceedings of the Cr.Case No.398/2011 pending in the court of learned Judicial Magistrate 1st Class, Padampur, District Sriganganagar.
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