HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3143/2022

Okeke Nnanyelu, S/o Okeke Lawrence, Aged About 45 Years,

Resident Of Edo Aba Nigeria, Presently Residing At House No.

111 Jagdish Apartment Near House No. 399 Jyoti Apartment,

Ignou Road, Neb Saray, New Delhi.

----Petitioner

Versus

1.

State Of Rajasthan, Through P.p.,

2.

Manisha Dagar, W/o Shri Devendra Kumar, Resident Of

Mohalla Kayampura, Police Station City Mahendragarh,

Presently Residing At Omaxe Panorama, Bhiwadi, Alwar,

Rajasthan.

----Respondents

For Petitioner(s)

:

Mr. Mohit Sharma, Adv.

For Respondent(s)

:

Mr. Prashant Sharma, PP

Mr. Arpit Dotasra, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

07/04/2022

This criminal miscellaneous petition has been filed by the

petitioner under Section 482 Cr.P.C. for quashing the order dated

11.03.2022 passed by Additional Chief Judicial Magistrate,

Bhiwadi, Alwar in Criminal Case No.2873/2020 titled as State Vs.

Kamal Bhatt & Ors. in relation to FIR No.852/2019 registered at

Police Station Bhiwadi, District Police Bhiwadi, District Alwar for

the offence under Sections 420, 464, 467, 468, 471, 120-B of IPC

and Section 66-D of I.T. Act.

(2 of 3)

[CRLMP-3143/2022]

Learned counsel for the petitioner as well as learned counsel

for the respondent submitted that compromise has been arrived

between the parties and they have settled their dispute.

Learned counsel for the petitioner submits that trial court

had attested compromise under Section 420 IPC. Offence under

Section 464, 467, 468, 471, 120-B of IPC and Section 66-D of I.T.

Act is non-compoundable. So, criminal proceedings pending

between them, be set aside.

Learned Public Prosecutor has opposed the arguments

advanced by learned counsel for the petitioner.

Learned counsel for the complainant acknowledging the

factum of compromise between the parties and submitted that he

has no objection if the FIR in question and consequential criminal

proceeding are quashed.

Heard learned counsel for both the parties and perused the

record.

A perusal of the material on record shows that the dispute

between the parties has amicably been settled by them. In view of

compromise and the law laid down by the Hon’ble Apex Court of

India in cases of Gian Singh Vs. State of Punjab (2012) 10

SCC 303, Narinder Singh Vs. State of Punjab (2014) 6 SCC

466 and Manoj Agarwal & Anr. Vs. The State of Uttar

Pradesh & Anr. decided on 04.03.2022 by the Hon’ble Supreme

Court, this Court deems it just and proper to quash the FIR in

question and consequential criminal proceeding.

Resultantly, this criminal miscellaneous petition is allowed.

The order dated 11.03.2022 passed by Additional Chief Judicial

Magistrate, Bhiwadi, Alwar in Criminal Case No.2873/2020 titled

as State Vs. Kamal Bhatt & Ors. in relation to FIR No.852/2019

(3 of 3)

[CRLMP-3143/2022]

registered at Police Station Bhiwadi, District Police Bhiwadi,

District Alwar for the offence under Sections 420, 464, 467, 468,

471, 120-B of IPC and Section 66-D of I.T. Act are hereby quashed

and set aside.

(NARENDRA SINGH DHADDHA),J

Jatin/94