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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