Karan Kumar vs State Of Rajasthan (2024:Rj-Jd:23939)

Rajasthan High Court - Jodhpur

Karan Kumar vs State Of Rajasthan (2024:Rj-Jd:23939) on 24 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:23939]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2336/2024

Karan Kumar S/o Shri Dinesh Raj, Aged About 20 Years, R/o
Jatiyawas, Naya Bass No. 2, Meghwal Mandir Ke Samane,
P.s.kotwali Sirohi, Dist. Sirohi (Raj.).
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through PP
2.       Ravina      Gourd       D/o    Damodar         Gourd,        R/o    11E/208,
         Chopasani Housing Board, Jodhpur
                                                                    ----Respondents


For Petitioner(s)            :    Mr. Jagatveer Singh Deora
For Respondent(s)            :    Mr. Arun Kumar, P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

Order 24/05/2024

1. The instant criminal misc. Petition has been filed under Section 482 Cr.P.C for quashing of the entire proceedings pending in the Court of learned Metropolitan Magistrate No.8, Jodhpur Metropolitan bearing Criminal Case No.10844/2022 arising out of FIR No.208/2020 registered at Police Station Chopasani Housing Board, District Jodhpur City West on the ground of compromise.

2. It is submitted that the dispute in this matter is interse between the parties which does not affect the societal interest or anyway disturb the tranquility or public peace. Both the parties have settled their disputes through amicable settlement, for which a compromise deed has been executed (Downloaded on 30/05/2024 at 08:39:06 PM) [2024:RJ-JD:23939] (2 of 2) [CRLMP-2336/2024] and submitted before the trial Court. Since the offences under Sections 354, 384 of IPC and Sections 67-A and 66 of IT Act are non-compoundable, therefore, proceeding has been kept pending. Learned counsel has relied upon the Judgment passed by Hon'ble the Supreme Court in the case of Gian Singh vs. State of Punjab reported in (2012) 10 SCC 303.

3. Heard learned counsel for the parties.

4. Since, the parties have resolved their disputes permanently;

the complainant does not wish to continue the proceedings against them; and present is not a case of public disorder, mental depravity and for heinous offences; I deem it appropriate to allow the petition.

5. Accordingly the misc. petition is allowed. The entire criminal proceedings of Criminal Case No.10844/2022 (arose out of FIR No.208/2020, registered at Police Station Chopasani Housing Board, District Jodhpur City West) pending in the Court of Additional Metropolitan Magistrate No. 8, Jodhpur Metropolitan are hereby quashed and set aside.

6. The accused petitioner is acquitted from the charges. His bail bonds are discharged.

7. The stay petition is disposed of.

(FARJAND ALI),J 141-Ashutosh/-

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