HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 318/2013

Kamlender Singh Kurki son of Shri Mahendra Singh Kurki,

resident of 897, Gautam Marg, Rani Sati Nagar, Nirman Nagar,

Ajmer Road, Jaipur. (at present confined in Central Jail, Jaipur)

----Petitioner

Versus

1. State of Rajasthan through Public Prosecutor

2. Smt. Suman Sharma wife of Shri Suresh Sharma

3. Suresh Sharma son of Shri Ram Niwas Sharma

resident of A-1, Saraswati Nagar, Basni, Jodhpur, at present

503, Rajni Vihar, Hirapura, Jaipur.

---Respondent- Complainant

For Petitioner(s)

:

Mr. Sudesh Bansal, through VC

For Respondent(s)

:

Mr. Atul Sharma, PP

HON'BLE MR. JUSTICE SATISH KUMAR SHARMA

Order

03/08/2021

1.

This Petition has been filed under Section 482 Cr.P.C. for

quashing of Cr. Case No.4581/2010, State Vs. Kamlender Singh

Kurki pending in the court of AMJM No.33, Jaipur Metropolitan City

aring out of FIR No.361/2008, registered at Police Station Shyam

Nagar, Jaipur for offences under Sections 420, 467, 468, 471 and

193 IPC on the basis of compromise entered between the parties.

2.

Heard learned counsel for the parties and perused the

material made available on record.

3.

Learned counsel appearing on behalf of the petitioner submits

that during the course of trial the matter has been compromised

(2 of 3)

[CRLMP-318/2013]

between the parties and the same was produced before the trial

court. The trial court has compounded the case only for offence

under Section 420 IPC but not for other offences. Now

compromise has been arrived at between the parties. The

accused petitioner has no criminal antecedents. They have

amicably settled their dispute. Therefore, proceedings of FIR

No.361/2008 should be quashed in view of legal position

expounded in Gian Singh Vs. State of Punjab & Another

[(2012) 10 SCC 303].

4.

Learned Public Prosecutor has submitted for appropriate

directions.

5.

Heard. Considered.

6.

As per settled legal position expounded by the Hon'ble

Supreme Court in Gian Singh Vs. State of Punjab & Another

[(2012) 10 SCC 303] the criminal proceedings can be quashed

under Section 482 CrPC on the basis of compromise where the

crime is not of heinous nature and the dispute is private or

personal in nature.

7.

The aggrieved persons of the above matters and the accused

persons have entered into compromise. The impugned FIR have

been registered in personal disputes of civil nature. Hence, in view

of the legal position as expounded by the Hon’ble Supreme Court

in Gian Singh Vs. State of Punjab (supra) the impugned FIR

No.361/2008 registered at Police Station Shyam Nagar, Jaipur

(3 of 3)

[CRLMP-318/2013]

deserves to be quashed.

8.

Resultantly, the petition is allowed and the impugned FIR

No.361/2008 is hereby quashed.

(SATISH KUMAR SHARMA),J

Arn/109