[1] SB CRIM MISC. PET. NO. 2313/2009 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 2313/2009 LALIT TAPADIYA Vs. STATE OF RAJASTHAN & ANR. Date: 06.11.2009 HON'BLE MR. JUSTICE K.S. RATHORE Mr. N.C. Choudhary, Advocate for the petitioner. Mr. G.S. Fauzdar, Public Prosecutor for the State. Mr. H.C. Bhullar, Advocate for the respondent No.2. **** The case of the petitioner is that the complainant purchased jewellery articles on 22.12.2008 and on 27.12.2008 she raised the dispute about the transactions. On 01.01.2009, the petitioner written a letter to the bank to reverse the amount if the amount is credited. On 02.01.2009, FIR No. 2/2009 came to be lodged at Police Station Sindhi Camp, Jaipur (South) for the offence under Sections 420, 384 IPC by the complainant. Learned counsel for the petitioner submits that a compromise has been arrived at between the parties, which has not been opposed by the learned counsel appearing for the complainant/respondent No.2, who has submitted that the complainant does not want to pursue the complaint filed by her. Learned counsel has placed reliance on the judgment rendered by the Hon'ble Supreme Court in the case of Nikhil Merchant Vs. Central Bureau of Investigation And Another, reported in (2008)9 SCC [2] SB CRIM MISC. PET. NO. 2313/2009 677, wherein the Hon'ble Supreme Court has held that on overall view of facts on compromise between the parties, by which parties withdrew all claims and allegations against each other, technicality should not be allowed to stand in the way of quashing of the criminal proceedings, since continuance of the same would be a futile exercise. Applying the ratio decided by the Hon'ble Supreme Court in the case of Nikhil Merchand (supra), here in the instant case as the dispute has already been settled by the parties by way of entering into a compromise and the complainant does not want to pursue her complaint, in such circumstances, continuance of the criminal proceedings would be a futile exercise. Consequently, the criminal misc. petition stands allowed and the criminal proceedings pending before the Court of Judicial Magistrate No.15, Jaipur City, Jaipur in Criminal Case No. 992/2009 arising out of FIR No. 2/2009 registered at Police Station Sindhi Camp, Jaipur (South) for the offence under Sections 420, 384 IPC are hereby quashed and set aside. (K.S. RATHORE),J. /KKC/