Vishram S/O Shri Beerbal vs State Of Rajaasthan
2021 Latest Caselaw 7365 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 7836/2021

1.     Vishram S/o Shri Beerbal, Aged About 62 Years, R/o
       Village Sikandara, P.s. Sikarai, Tehsil Sikarai, District
       Dausa.
2.     Smt. Kailashi W/o Shri Vishram, Aged About 58 Years, R/
       o Village Sikandara, P.s. Sikarai, Tehsil Sikarai, District
       Dausa.
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajaasthan, Through Its Public Prosecutor.
2.     Ram Singh S/o Shri Ram Kishan, Aged About 54 Years, R/
       o Village Sar, P.s. Nangal Rajawatan, Tehsil Nangal
       Rajawatan, District Dausa.
                                                                ----Respondents

For Petitioner(s) : Mr. Satya Pal Poshwal.

For Respondent(s)        :     Mr. S.S. Ola, P.P.
For Complainant                Mr. Jeetendra Kumar Sharma, P.P.



          HON'BLE MR. JUSTICE INDERJEET SINGH

                                    Order

08/12/2021

1. Instant criminal Miscellaneous petition has been filed under

Section 482 Cr.P.C. for quashing of the proceedings pending before

the ACJM, Sikarai District Dausa in Criminal Case No.1058/2013

as well as for quashing of the FIR No.652/2005 registered at

Police Station Bandikui District Dausa for the offence under

Sections 347, 365, 420, 467, 468, 471 & 120-B of IPC.

2. It is submitted by counsel for the petitioners that the parties

have settled their dispute by way of compromise. Counsel further

submits that in view of the compromise, the parties filed an

(2 of 2) [CRLMP-7836/2021]

application before the trial court for compounding the offences

under Sections 347, 365, 420, 467, 468, 471 & 120-B of IPC,

which was partly allowed by the learned trial court compounding

the offence under Section 420 of IPC vide order dated 15.07.2021

and now the offence under Sections 347, 365, 467, 468, 471 &

120-B of IPC remain against the petitioners. Counsel relied upon

the judgment passed by the Hon'ble Supreme Court in the matter

of Gian Singh Vs. State of Punjab & Anr. reported in

2012(10) SCC 303.

3. The respondent no.2 (complainant) along with his counsel is

present in the court and admitted the fact of compromise between

the parties. A copy of the Aadhar card of the respondent No.2

(complainant) is taken on record.

4. Learned Public Prosecutor has opposed the petition.

5. Considering the facts and circumstances of the present case

and the fact that the parties have settled their dispute by way of

compromise and also considering the judgment passed by the

Hon'ble Supreme Court in the matter of Gian Singh (supra), the

criminal misc. petition is allowed and the offences under Sections

347, 365, 467, 468, 471 & 120-B of IPC are compounded and the

proceedings pending before the ACJM, Sikarai District Dausa in

Criminal Case No.1058/2013 as well as the FIR No.652/2005

registered at Police Station Bandikui District Dausa, are hereby

quashed.

6. The stay application also stands disposed of.

(INDERJEET SINGH),J

MG/149

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