Rajasthan High Court
Kailash Chand Yogi S/O Gulab Chand vs State Of Rajasthan on 13 December, 2021
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7957/2021
1. Kailash Chand Yogi S/o Gulab Chand, R/o Raniwala Chok,
Samod, District Jaipur (Raj.)
2. Chandar Prakash S/o Sarwan Kumar, R/o Raniwala Chok,
Samod, District Jaipur (Raj.)
3. Mukesh Kumar S/o Prahlad, R/o Raniwala Chok, Samod,
District Jaipur (Raj.)
4. Ashok Kumar S/o Maluram, R/o Raniwala Chok, Samod,
District Jaipur (Raj.)
5. Sarwan Kumar S/o Gulab Chand, R/o Raniwala Chok,
Samod, District Jaipur (Raj.)
6. Rajesh Kumar S/o Shankar Lal, R/o Raniwala Chok,
Samod, District Jaipur (Raj.)
7. Rakesh Kumar S/o Maluram, R/o Raniwala Chok, Samod,
District Jaipur (Raj.)
8. Narendra Kumar S/o Babu Lal, R/o Raniwala Chok,
Samod, District Jaipur (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Mohan Lal Saini S/o Choturam, R/o Raniwala Chok,
Samod, District Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Chandrahas Choudhary.
For Respondent(s) : Mr. Shyam Prakash Sharma, P.P.
For Complainant Mr. Rajendra Singh Samota.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
13/12/2021
1. Instant criminal Miscellaneous petition has been filed under
Section 482 Cr.P.C. for quashing of the proceedings pending before
(2 of 3) [CRLMP-7957/2021]
the Senior Civil Judge and Additional Chief Judicial Magistrate
Chomu District Sikar in Criminal Case No.123/2021 as well as for
quashing of the FIR No.174/2020 registered at Police Station
Samod District Jaipur for the offence under Sections 143, 341,
323, 452 & 354 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
application before the trial court for compounding the offences
under Sections 323, 341, 143 & 452 of IPC, which was partly
allowed by the learned trial court compounding the offence under
Sections 341 & 323 of IPC vide order dated 20.11.2021 and now
the offence under Sections 143 & 452 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. A copy of the Voter 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
143 & 452 of IPC qua the petitioners are compounded and the
proceedings pending before the Senior Civil Judge and Additional
Chief Judicial Magistrate Chomu District Jaipur in Criminal Case
(3 of 3) [CRLMP-7957/2021]
No.123/2021 as well as the FIR No.174/2020 registered at Police
Station Samod District Jaipur qua the petitioners, are hereby
quashed.
6. The stay application also stands disposed of.
(INDERJEET SINGH),J
MG/123
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