Surya Narayan Sharma @APPELLANT@Hash State of Rajasthan & Ors

Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of criminal proceedings arising out of Criminal Case No.202/2017

titled as State of Rajasthan Vs. Surya Narayan Sharma & Others, pending in the Court of Additional Chief Metropolitan Magistrate, (Communal Riots

Cases), Jaipur Metropolitan, Jaipur, in respect of impugned F.I.R. No.320 of 2010 registered at Police Station Sodala, Jaipur City (South) for offences

punishable under Sections 420, 406 and 120-B of Indian Penal Code, along with all subsequent proceedings.

The learned counsel appearing for the petitioners has submitted that the compromise was presented before the trial Court and the trial Court accepted

the compromise, qua offences punishable under Sections 420 and 406 I.P.C. However, the trial Court rejected the compromise, qua offence

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

The order dated 16.05.2018 passed by the Court of Additional Chief Judicial Magistrate (Communal Riots Cases), Jaipur Metropolitan, Jaipur, for

ready reference is reproduced herein below :-

“16-5-2018

ih-vks mifLFkrA eqfYteku ikapks e; vf/koDrkx.k mifLFkrA ifjoknh dEiuh VkVk dSfiVy fyfeVsM dh vksj ls fjiksVZdrkZ Jh ;ksxsUnz flag 'ks[kkor

mifLFkrA mldh vksj ls Jh c`teksgu xkseSustj gSA mlus gh ,Q-vkbZ-vkj- ntZ djkbZ FkhA bl izdj.k esa jkthukek djus gsrq vf/kd`r gSA i{kdkjku~ us vuqefr pkghA dsoy /kkjk 420] 406 vkbZihlh

esa vuqefr nh tkrh gSA /kkjk 120 ch vkbZihlh ukWu dEikmMscy gksus ls vuqefr ugh nh tk ldrhA i{kdkjku~ us jkthukek isâ€k fd;k tks ckn ikap rLnhd

fd;kA c:, jkthukek eqfYteku lHkh dks /kkjk 420] 406 vkbZihlh esa cjh fd;k tkrk gSA /kkjk 120ch vkbZihlh esa VªkbZy 'ks""k jghA xokg ;ksxsUnz flag

xokg lk{; gsrq mifLFkr jgsA i=koyh lk{; vfHk;ksftr gsrq fnukad 09-07-2018 dks isâ€​k gksA.â€​

None is present on behalf of the respondent No.2.

This Court on 16.07.2018 had recorded following contentions of ld. counsel appearing for the petitioners :-

“Learned counsel for the petitioner contends that compromise has been attested by the trial court for offences under Section 420 and 406 IPC.

Learned counsel further contends that now only petitioner is to be tried for offence under Section 120B IPC.

It is submitted that respondent No.2 Yogendra Singh Shekhawat is Manager of Tata Capital Limited and petitioner is not in a position to ensure his

presence in this court.

On asking of court, Shri R.S. Shekhawat, learned Public Prosecutor, accepts notice on behalf of State of Rajasthan.

Shri R.S. Shekhawat, learned Public Prosecutor, is directed to call the Investigating Officer alongwith record of the case in this court on the next date

of hearing.

List on 13.08.2018.

A copy of this order under the seal and signature of Court Master be handed over to Shri R.S. Shekhawat, learned Public Prosecutor, for onward

transmission and compliance.â€​

Considering the fact that the matter has been amicably

resolved between the parties and the trial Court has already verified the compromise, qua offences punishable under Sections 420 and 406 I.P.C., this

Court is of the view that no useful purpose will be served to continue with the proceedings, qua offence punishable under Section 120-B I.P.C.

The ld. counsel appearing for the petitioners has also vouchsafed the factum of compromise.

The ld. counsel appearing for the petitioners has submitted that since the parties have decided to promote everlasting peace, amity and harmony,

therefore, dispute which is essentially private in nature stands resolved.

The ld. 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.

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], learned counsel for the petitioners 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 criminal proceedings arising out of Criminal Case No.202/2017 titled as State of Rajasthan

Vs. Surya Narayan Sharma & Others, pending in the Court of Additional Chief Metropolitan Magistrate, (Communal Riots Cases), Jaipur

Metropolitan, Jaipur, in respect of impugned F.I.R. No.320 of 2010 registered at Police Station Sodala, Jaipur City (South) for offences punishable

under Sections 420, 406 and 120-B of Indian Penal Code, along with all subsequent proceedings.

Resultantly, the petition is, hereby, allowed.