Rajasthan High Court
Mohan Lal S/O Choturam 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. 7974/2021
1. Mohan Lal S/o Choturam, R/o Raniwala Chok, Samod,
District Jaipur (Raj).
2. Kailash Chand S/o Choturam, R/o Raniwala Chok, Samod,
District Jaipur (Raj).
3. Amit Kumar S/o Kailash Chand, R/o Raniwala Chok,
Samod, District Jaipur (Raj).
4. Pankaj Kumar S/o Kailash Chand, R/o Raniwala Chok,
Samod, District Jaipur (Raj).
5. Rajesh Kumar S/o Mohan Lal, R/o Raniwala Chok, Samod,
District Jaipur (Raj).
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Kailash Chand S/o Gulab Chand, R/o Ward No. 2, Samod,
District Jaipur (Raj).
----Respondents
For Petitioner(s) : Mr. Rajendra Singh Samota.
For Respondent(s) : Mr. Shyam Prakash Sharma, P.P.
For Complainant Mr. Chandrahas Choudhary.
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
the Senior Civil Judge and Additional Chief Judicial Magistrate
Chomu District Sikar in Criminal Case No.74/2021 as well as for
quashing of the FIR No.173/2020 registered at Police Station
Samod District Jaipur for the offence under Sections 143, 341,
323, 379 & 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
(2 of 2) [CRLMP-7974/2021]
submits that in view of the compromise, the parties filed an
application before the trial court for compounding the offences
under Sections 143, 323 & 341 of IPC, which was partly allowed
by the learned trial court compounding the offence under Sections
341 & 323 of IPC vide order dated 17.11.2021 and now the
offence under Section 143 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 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
143 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
No.74/2021 as well as the FIR No.173/2020 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
Powered by TCPDF (www.tcpdf.org)
