Chhotu Lal S/O Shri Laxmi Narayan ... vs State Of Rajsthan
2021 Latest Caselaw 7366 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 1138/2019
1.     Chhotu Lal S/o Shri Laxmi Narayan Jat, Aged About 37
       Years, R/o Village Tapur, Police Station Chauth Ka
       Barwara, District Sawaimadhopur, Raj.
2.     Ram Lal S/o Sheonarayan Jat, Aged About 50 Years, R/o
       Village Tapur, Police Station Chauth Ka Barwara, District
       Sawaimadhopur, Raj.
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajsthan, Through Pp.
2.     Gyan Chand Jain S/o Shri Hari Narayan, R/o Near Badi Ka
       Mandir, Niwai, Tehsil Niwai, District Tonk, Raj.
                                                                ----Respondents

For Petitioner(s) : Mr. Bajrang Lal Choudhary.

For Respondent(s)        :     Mr. S.S. Ola, P.P.
For Complainant                Mr. Sandeep Jain.



          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 Additional Chief Judicial Magistrate Niwai, District Tonk in

Criminal Case No.96/2018.

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

application before the trial court for compounding the offences

under Sections 420, 467, 468, 471 & 120B of IPC, which was

partly allowed by the learned trial court compounding the offence

(2 of 2) [CRLMP-1138/2019]

under Section 420 of IPC vide order dated 19.01.2019 and now

the offence under Sections 467, 468, 471 & 120B of IPC remain

qua 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.

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

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

proceedings pending before the Additional Chief Judicial Magistrate

Niwai District Tonk in Criminal Case No.96/2018 qua the

petitioners are hereby quashed.

6. The stay application also stands disposed of.

(INDERJEET SINGH),J

MG/19

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