Citation : 2021 Latest Caselaw 7432 Raj/2
Judgement Date : 9 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7313/2021
Ravindra Singh @ Rabbo S/o Mangal Singh, Aged About 24
Years, R/o Nijampur, Ps. Badi, Distt Dholpur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through The Public Prosecutor.
2. Sanju S/o Babu Singh, Aged About 32 Years, R/o Maharaj
Bag Colony, Ps. Badi, Dholpur (Raj). ( Injure).
3. Santoshi S/o Ramlal, R/o Thakurpada, P.s. Badi, Dholpur ,
Raj ( Injured).
----Respondents
For Petitioner(s) : Mr. R.R. Baisla.
For Respondent(s) : Mr. Shyam Prakash Sharma, P.P.
For Complainant Mr. Pavan Kumar.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
09/12/2021
1. Instant criminal Miscellaneous petition has been filed under
Section 482 Cr.P.C. for quashing of the proceedings pending before
the Additional District Judge, Badi District Dholpur in Criminal
Case No.72/2018 as well as for quashing of the FIR No.299/2016
registered at Police Station Badi District Dholpur for the offence
under Sections 147, 148, 323, 341, 325, 504 & 307 of IPC &
under Section 3/25 of Arms Act.
2. It is submitted by counsel for the petitioner 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
(2 of 2) [CRLMP-7313/2021]
under Sections 323, 341, 325, 504 & 307 of IPC, which was partly
allowed by the learned trial court compounding the offence under
Sections 323, 341, 504 & 325 of IPC vide order dated 29.01.2021
and now the offence under Section 307 of IPC remain qua the
petitioner. 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) and injured Pradeep
along with their counsel are 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 offence under Section
307 of IPC qua the petitioner is compounded and the proceedings
pending before the Additional Judicial Magistrate Badi District
Dholpur in Criminal Case No.72/2018 as well as the FIR
No.299/2016 registered at Police Station Badi District Dholpur qua
the petitioner are hereby quashed.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J
MG/79
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