HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 1260/2016

Vinod Kumar Gupta S/o Late Shri Prabhti Lal Gupta, R/o 73A,

Geejgarh Vihar, Hawa Sadak, Bais Godown, Jaipur

----Petitioner

Versus

1.

State Of Rajasthan Through Pp

2.

Anil Agarwal S/o Shri Shyam Bihari, Director Shyam

Apparels Pvt. Ltd. H-31, Taigore Path, Bani Park

----Respondents

For Petitioner(s)

:

Mr. Sudhir Jain, Adv.

For Respondent(s)

:

Mr. Mangal Singh Saini, PP

Mr. K. N. Sharma, Adv.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

02/05/2022

This criminal miscellaneous petition has been filed by the

petitioners under Section 482 Cr.P.C. for quashing FIR

No.390/2015 registered at Police Station Vidhyakpuri,

Jaipur(South) for the offence under Sections 420, 406 and 120-B

IPC qua the petitioner and proceedings pursuant thereto.

Learned counsel for the petitioner submits that compromise

has been arrived between the parties and they have settled their

dispute. Learned counsel for the petitioners further submits that

trial court had attested compromise under Sections 420 and 406

IPC. Offence under Sections 467, 468, 471 and 474 IPC are not

compoundable. So, criminal proceedings pending between them,

be set aside.

(2 of 2)

[CRLMP-1260/2016]

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 proceedings.

Resultantly, this criminal miscellaneous petition is allowed.

The FIR No.390/2015 registered at Police Station Vidhyakpuri,

Jaipur(South) for the offence under Sections 420, 406 and 120-B

IPC qua the petitioner and proceedings pursuant thereto are

hereby quashed and set aside qua the petitioner.

Stay application also stands disposed of accordingly.

(NARENDRA SINGH DHADDHA),J

Gourav/101