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2021 Supreme(Raj) 1059

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Satish Kumar Sharma, J.
Devendra Meena - Appellants
Vs.
State of Rajasthan and Ors. - Respondent
S.B. Criminal Misc. Petition No. 2920 of 2019
Decided On : 03-02-2021

Advocates:
Advocate Appeared:
For the Appellant :Rajveer Singh Jat, Advocate
For the Respondents:Pawan Sharma, Advocate and F.R. Meena, P.P.

Headnote:

Criminal Procedure Code, 1973 - Section 482 - Indian Penal Code, 1860 - Sections 380 and 411 - Theft in dwelling house, etc – Quash of criminal proceedings - Compromise entered between parties - Learned counsel for petitioner submits that the compromise has been arrived at between parties - On basis of compromise, petitioner has been acquitted of charge under Section 411 IPC, but trial has been directed to be continued for remaining offence under Section 380 IPC - Held, The criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of compromise where crime is not of heinous nature and the dispute is private or personal in nature - Nature of offence, no fruitful purpose would serve in continuing with the prosecution. Therefore, the criminal proceedings pending against the petitioner before the trial court deserve to be quashed - Criminal proceedings quashed - Petition is allowed.

JUDGMENT :

Satish Kumar Sharma, J.

1. The Petition has been filed under Section 482 Cr.P.C. for quashing of criminal proceedings pending against the petitioner in Criminal Case No. 2628/2017 pending in the Court of Additional Civil Judge cum Metropolitan Magistrate No. 30, Jaipur Metropolitan for the offence under Section 380 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 compromise has been arrived at between the parties. On the basis of compromise, the petitioner has been acquitted of the charge under Section 411 IPC, but the trial has been directed to be continued for remaining offence under Section 380 IPC. There is no criminal antecedent of the petitioner. Therefore, proceedings of the criminal case should be quashed in view of legal position expounded in Gian Singh vs. State of Punjab & Another [(2012) 10 SCC 303].

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 Gian Singh vs. State of Punjab & Anr. [(2012) 10 SCC 303], the criminal proceedings can be quashed under Section 482 Cr.P.C. on the basis of compromise where the crime is not of heinous nature and the dispute is private or personal in nature.

7. Thus, in light of above legal position and in view of nature of the offence, no fruitful purpose would serve in continuing with the prosecution. Therefore, the criminal proceedings pending against the petitioner before the trial court deserve to be quashed.

8. Accordingly, the petition is allowed. The criminal proceedings qua the petitioner - Devendra Meena son of Shri Ram Gilash Meena pending in Criminal Case No. 2628/2017 in the Court of Additional Civil Judge cum Metropolitan Magistrate No. 30, Jaipur Metropolitan are hereby quashed.

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