HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3628/2018
Jitu @ Jitendra S/o Shri Jiyaram B/c Gurjar , R/o Near Sooraj Cinema,
Rampura, Bhiwadi, Distt. Alwar (Raj.)
—-Petitioner
Versus
1. State Of Rajasthan , Through P.p.
2. Neeru Devi , Aged About 31 Years, R/o Village Raghunathpur,
P.s. Fatehpur, Distt. Gaya, Bihar, At Present R/o Seema Colony,
Near Sooraj Cinema, Rampura, Bhiwadi, Tehsil Tijara, Distt.
Alwar (Raj.)
—-Respondents
For Petitioner(s) : Mr. S.S. Sunda
For Respondent(s) : Mr. Rajendra Yadav
For the State : Mr. Prakash Thakuria, P.P.
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
/ Order
24/07/2018
Instant petition has been preferred under Section 482
Cr.P.C. seeking quashing of impugned F.I.R. No.341/2018 dated
04.06.2018 registered at Police Station Bhiwadi District Alwar for
offences punishable under Sections 323, 341 and 354 I.P.C. and under
Section 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (Amended 2015) on the basis of the
compromise.
Complainant – Neeru Devi, being a tenant lodged impugned
F.I.R. against the landlord alleging therein that she was compelled to
vacate the room and the complainant had caused slap and kick blow, as
a result of which she fell down.
(2 of 3) [CRLMP-3628/2018]
Today, complainant/respondent No.2 – Neeru Devi is present
in person before this Court. She has been identified by her Counsel- Mr.
Rajendra Yadav.
The learned counsel appearing for the petitioner has
submitted that from bare perusal of the impugned F.I.R., no offence
under Section 354 I.P.C. is made out.
The learned counsels appearing for the parties have jointly
drawn attention of this Court towards compromise (Annexure-2).
In the present case, quashing of F.I.R. has been sought on
the basis of the compromise. As it is submitted that the parties have
amicably resolved the landlord tenant dispute.
Complainant/respondent No.2 – Neeru Devi, present in
person, has stated that she no longer intends to pursue the present
F.I.R.,
Counsels appearing for the parties have jointly submitted
that since the parties are living in the same vicinity to preserve social
fiber, the present F.I.R. be quashed.
Counsels appearing for the parties have jointly prayed that
since the dispute has been amicably resolved, the criminal case pending
between the parties as well as impugned F.I.R. be quashed.
I have heard the learned counsels appearing for the parties
and perused the contents of the instant petition.
Counsel appearing for the petitioners has submitted that
since the parties have decided to promote everlasting peace, amity and
harmony and, therefore, dispute which is essentially private in nature
stands resolved.
It has been often held by the Courts that hour of the
compromise is the finest hour between the parties and the Court while
(3 of 3) [CRLMP-3628/2018]
exercising its inherent jurisdiction under Section 482 Cr.P.C. can quash
the proceedings even qua non-compoundable offences.
Relying upon the case of Gian Singh Vs. State of Punjab
Another [(2012) 10 S.C.C. 303], ld. counsel for the parties have
pleaded that this Court while exercising its inherent jurisdiction under
Section 482 Cr.P.C. ought to quash the criminal proceedings, which have
been amicably resolved.
Considering the fact that parties have amicably resolved
their dispute, the principle established by the Apex Court in the case of
Gian Singh [supra] and in the interest of justice, this Court, hereby,
quashes impugned First Information Report No.341/2018 dated
04.06.2018 registered at Police Station Bhiwadi District Alwar for
offences punishable under Sections 323, 341 and 354 I.P.C. and under
Section 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (Amended 2015), along with all
subsequent proceedings.
Resultantly, the petition is, hereby, allowed.
(KANWALJIT SINGH AHLUWALIA),J
ashok
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