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Amit Pareek S/O Shri Gokul Chand … vs State Of Rajasthan on 9 July, 2021

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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 1757/2021

Amit Pareek S/o Shri Gokul Chand Pareek, Aged About 34 Years,
R/o B-82, Sector-47, Noeda (U.p)
—-Petitioner
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Apeksha Pareek W/o Amit Pareek, Aged About 30
Years, R/o Plot No. B-32, Nityanand Nagar, Gandhi Path,
Queens Road, Jaipur(Raj).
—-Respondents

For Petitioner(s) : Mr. K. N. Sharma, Adv.
For Respondent(s) : Mr. Chandragupt Chopra, PP
Mr. Satyam Khandelwal, Adv.

HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

09/07/2021

This criminal miscellaneous petition has been filed by

the petitioner under Section 482 Cr.P.C. for quashing the criminal

proceedings in Criminal Case No.59/2020 pending before the

Court of Additional Civil Judge and Metropolitan No.10, Jaipur

Metropolitan II, Jaipur on the basis of compromise.

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 406 IPC. Offence

under Section 498-A IPC is non-compoundable. So, criminal

proceedings pending between them, be set aside.

(Downloaded on 14/07/2021 at 09:28:02 PM)

(2 of 2) [CRLMP-1757/2021]

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 and Narinder Singh Vs. State of Punjab

(2014) 6 SCC 466, 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 criminal proceedings in Criminal Case No.59/2020

pending before the Court of Additional Civil Judge and

Metropolitan No.10, Jaipur Metropolitan II, Jaipur is quashed.

(NARENDRA SINGH DHADDHA),J

Gourav/102

(Downloaded on 14/07/2021 at 09:28:02 PM)

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