Manish Parasar @APPELLANT@Hash State of Rajasthan & Ors

Instant petition has been preferred under Section 482 Cr.P.C. praying therein that the proceedings arising out of impugned F.I.R. No.159/2007

registered at Police Station Hindoli District Bundi for offences punishable under Sections 420 and 406Â I.P.C., be quashed and order dated

15.07.2017 passed by the trial Court, whereby compromise was not accepted, qua offence under Section 120-B I.P.C. be set aside.

The learned counsel appearing for the petitioners has submitted that it was alleged by the complainant that the petitioners obtained Rs.15,000/- on the

pretext of providing employment. It is alleged in the F.I.R. that the accused have duped the complainant. It is contended by counsel appearing for the

petitioners that the Lok Adalat was held and the application (Annexure-2) under Section 320 (2) Cr.P.C. was presented before the Lok Adalat for

composition of the offences under Sections 420, 417 and 120-B I.P.C. Counsel further contends that the said compromise was accepted by the Lok

Adalat and thereafter, the trial Judge on 15.07.2017 accepted the compromise, qua offences under Sections 417 and 420 I.P.C. but had rejected the

compromise, qua offence under Section 120-B I.P.C. on the ground that the said offence is non-compoundable.

The relevant portion of the order passed by the trial Court reads as under :-

“vr% xokg la[;k 1]2]3 dks tfj;s leu ryc fd;k tk;sA blh Lrj ij ifjoknh Hkaojyky eh.kk U;k;ky; esa Lo;a mifLFkr vk;kA ifjoknh }kjk viuk igpku i=

is’k fd;k x;kA mHk; i{kksa dh vksj ls /kkjk 320 ¼2½ n-iz-la- dk izkFkZuk i= is’k dj jkthukek dh vuqefr pkgh xbZ ,ao /kkjk 420] 417] 120ch

Hkk-n-la- ds vkjksi esa jkthukek rLnhd dj ekeys dk fuLrkj.k fd;s tkus dk fuosnu fd;k x;kA

mHk; i{kksa dks lquk x;k rks mHk; i{kksa us LosPN;k ls yksd vnkyr dh Hkkouk ls jkthukek gks tkuk Lohd`r fd;kA vfHk;qDr fouksn dh vkSj ls tfj;s

vf/koDrk jkthukek Lohd`r fd;k x;kA

i=koyh dk voyksdu fd;k x;kA gLrxr ekeys esa vfHk;qDrx.k ds fo:) /kkjk 420] 417] 120ch Hkk-n-la- ds vijk/k dk vkjksi gSA /kkjk 417]Â 420 Hkk-n-la-

ds vijk/k /kkjk 320 n-iz-lads rgr ftl O;fDr ls Ny fd;k x;k gS mlds }kjk 'keuh; gS tcfd /kkjk 120ch v’keuh; izd`fr dk vijk/k gSA

vRk% i{kdkjksa ds e/; gqvk LosPN;k jkthukek ds rF; dks ns[krs gq;s jkthukek djus dh vuqefr nh tkrh gSA mHk; i{kksa }kjk izLrqr jkthukek vUrxZRk

/kkjk 417] 420 Hkk-n-la- ds rgr rLnhd fd;k tkrk gSA jkthukek 'kkfey fely gkAs vfHk;qDrx.k euh""k] fouksn ,ao lar dqekj dks ctfj;s jkthukek /kkjk 320

¼8½ n-iz-la- esa mDr /kkjk 417] 420 Hkk-n-la- ds vijk/kksa ds vkjksi ls nks""keqDr ?kksf""kr fd;k tkrk gSA tcfd /kkjk 120ch Hkk-n-la- esa fopkj.k

tkjh j[kk tkrk gSA xokgku dks iwokZuqlkj ryc fd;k tkosA i=koyh vfHk;qDr lUr dqekj gsrq okLrs lk{; vfHk;kstu fnukad 26-08-2017 dks isâ€​k gksAâ€​

Considering that qua the substantive offences under Sections 420 and 417 I.P.C. compromise has been accepted and even though offence under

Section 120-B I.P.C. is also substantive offence, this Court is of the view that no useful purpose will be served by proceeding with the trial as the

parties have settled their dispute amicably.

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.

Counsel appearing for the petitioners has 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 ld. counsel appearing for the petitioners and the ld. Public Prosecutor appearing for the State and perused the contents of the instant

petitions.

It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while 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 has 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.159/2007 registered at Police Station Hindoli District

Bundi for offences punishable under Sections 420, 417, 406 read with Section 120-B I.P.C., along with all subsequent proceedings.

Resultantly, the petition is, hereby, allowed.