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Judgment
This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing the criminal proceeding in the criminal case No.2836/2019,
State Vs. Suresh & Ors. pending in the Court of learned Additional Chief Judicial Magistrate No.7, Kota arising out of FIR No.0239/2017 dated
10.05.2017 registered at Police Station Nayapura, District Kota for offence under Sections 420, 467, 468, 471 and 120-B of I.P.C.
Learned counsel for the petitioners submitted that the FIR in question arises out of private dispute predominantly of civil nature among the family
members. Relying on the affidavit of the complainant attested by Notary Public on 02.02.201, he submitted that since the matter has been settled
amicably between the parties, the FIR in question is liable to be quashed in view of the judgments of the Hon'ble Apex Court of India in cases of Gian
Singh versus State of Punjab & Anr. reported in JT 2012 (9) SC-426 & Narinder Singh & Ors. versus State of Punjab & Anr. reported in 2014
Cr.L.R. (SC) 351.
Learned Public Prosecutor has opposed the criminal miscellaneous petition.
Learned counsel appearing for the complainant acknowledging the factum of compromise between the parties, submitted that he has no objection if
the criminal proceeding pending against the petitioners is quashed.
Heard the learned counsels for the parties and perused the record.
From the material on record, it is apparent that the dispute, private and predominantly of civil nature, has amicably been settled between the parties. In
view of compromise and the law laid down by the Hon'ble Apex Court of India in cases of Gian Singh (supra) & Narinder Singh (supra), this Court
deems it just and proper to quash the criminal proceeding pending against the petitioners.
Resultantly, this criminal miscellaneous petition is allowed. The criminal proceeding in the criminal case No.2836/2019, State Vs. Suresh & Ors.
pending in the Court of learned Additional Chief Judicial Magistrate No.7, Kota arising out of FIR No.0239/2017 dated 10.05.2017 registered at Police
Station Nayapura, District Kota for offence under Sections 420, 467, 468, 471 and 120-B of I.P.C. is quashed.