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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

Advocates:
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.

JUDGMENT

1. - The instant misc. petition has been preferred by the petitioners seeking quashing of the proceedings of Cr.Case No.398/2011 pending in the court of learned Judicial Magistrate 1st Class, Padampur, District Sriganganagar for the offences under Sections 420, 418 and 120B IPC on the ground of the compromise.

2. Learned counsel for the parties submit that the matter, which is essentially in the nature of a civil dispute in relation to the land transaction, has been compromised between the parties. The complainant respondent No.2 has submitted an application for compromise in the learned trial Court. The trial Court by order dated 4.7.2014 has accepted the said application only to the extent of Sections 420 and 418 IPC and has compounded the proceedings to that extent. So far as the offence under Section 120B IPC is concerned, the application has been rejected by the trial Court on the ground that the offence under Section 120B IPC is non-compoundable. They thus submit that the proceedings should be quashed on the strength of the compromise.

3. In this view of the matter and looking to the guidelines issued by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab & Anr. reported in JT 2012(9) SC 426 , it is apparent that further continuance of the proceedings going on against the petitioners in the learned trial Court cannot be said to be expedient in the interest of justice. If the proceedings are allowed to continue, it may result into the compromise being unsettled.

4. Accordingly, the misc. petition is allowed and the proceedings of the Cr.Case No.398/2011 pending in the court of learned Judicial Magistrate 1st Class, Padampur, District Sriganganagar are hereby quashed.Petition allowed.

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