Navin Kumar And Ors vs State Of Rajasthan

The instant misc. petition has been jointly filed by the complainant petitioner No.1 as well as accused petitioners No.2 to 5 seeking quashing of the

proceedings of the Cr. Case No.59/2012 pending in the Court of learned Addl.Chief Judicial Magistrate, Sadulshahar, Sriganganagar arising out of FIR

No.42/2011 registered at the Police Station Sadulshahar, Sriganganagar for the offences under Sections 420, 468, 471 and 120B of the I.P.C. on the

basis of the compromise.

Learned counsel for the petitioners submits that the parties have entered into a compromise and have settled their dipsutes. He submits that a

compromise to this effect was also produced by the complainant and the accused before the learned trial court on 2.3.2019. He thus, submits that the

proceedings going on against the petitioners No.2 to 5 in the trial court should be quashed.

Learned AAG and learned Public Prosecutor have not disputed the above factual position.

In this view of the matter and looking to the guidelines issued by the Hon'ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr.

reported in JT 2012(9) SC-426, it is apparent that further continuance of the proceedings going on against the petitioners No.2 to 5 in the learned trial

Court cannot be said to be expedient in the interest of justice. If the proceedings are allowed to continue, it may result into the compromise being

unsettled.

Accordingly, the misc. petition is allowed and the proceedings of the Cr. Case No.59/2012 pending in the Court of learned Addl.Chief Judicial

Magistrate, Sadulshahar, Sriganganagar arising out of FIR No.42/2011 registered at the Police Station Sadulshahar, Sriganganagar for the offences

under Sections 420, 468, 471 and 120B of the I.P.C. are hereby quashed. Stay petition is also disposed of.