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2023 Supreme(Online)(RAJ) 6197

HIGH COURT BENCH AT JAIPUR
SMT VISHAKHA W/O SHRI GIRISH CHAND SHARMA D/O DEEPAK SHARMA, – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMP 3708 2023



HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3708/2023

Smt Vishakha W/o Shri Girish Chand Sharma D/o Deepak

Sharma, R/o 224 A Mansarovar Colony Bulundshahar, Uttar

Pradesh Present Resident 60/128, Heerapath, Mansarovar Jaipur

(Raj).

----Petitioner

Versus

1.

State Of Rajasthan, Through Its Public Prosecutor.

2.

Sandeep Kumar S/o Shri Ramniwas, Aged 27 Years, R/o

Ward No. 2, New Colony, Kotada Road, Neemkathana 13,

District (Raj). Present Resident Of Qatar No. - Fourth Rac,

Chainpura, Amer District Jaipur (Raj).

----Respondents

For Petitioner(s)

:

Mr. Aditya Mishra

For Respondent(s)

:

Mr. Atul Sharma, PP

Mr. Pawan Kumar

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

10/07/2023

Prayer is for quashing of FIR No. 81/2023 registered with

police station Mahesh Nagar, Jaipur City East for offences under

Sections 420 and 406 of IPC on the ground of compromise

between the parties.

Respondent No. 2 is physically present in court and supports

the factum of compromise and submitted that the entire due

amount has already been refunded to the complainant, which

would be evident from the compromise application.

(2 of 2)

[CRLMP-3708/2023]

FIR discloses private nature of dispute. After settlement of

the dispute wherein no public policy is involved, continuance of

criminal proceedings would be an abuse of the process of law.

Hence, the impugned FIR and entire criminal proceedings

arising out of the aforesaid FIR stands hereby quashed and the

instant petition is accordingly allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

ashu /101

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