Shokin S/O Chand Khan vs State Of Rajasthan
2021 Latest Caselaw 7876 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Miscellaneous (Petition) No. 6678/2021

Shokin S/o Chand Khan, Aged About 22 Years, Residence 197,
Moti Katla, Ramchandra Ji Ki Chowkdi, Subhash Chowk, Jaipur.
                                                                   ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through P.p.
2.      Pankaj Chandwani S/o Jayprakash Chandwani, Residence
        House No. 46 B, Kanwar Nagar, Jaipur (Rajasthan).
3.      Rahul Tilwani S/o Suresh Kumar, Residence House No.
        136 Kanwar Nagar, Jaipur (Rajasthan).
                                                                ----Respondents

For Petitioner(s) : Mr. Mohd. Umar Farooq, Adv. For Respondent(s) : Mr. Shyam Prakash Sharma, PP For Complainant(s) : Mr. Parth Sharma, Adv.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

20/12/2021

1. Instant criminal Miscellaneous petition has been filed under

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

the Additional District & Sessions Judge No.7, Jaipur

Metropolitan-II in Criminal Case No.232/2020 as well as for

quashing of the FIR No.18/2020 registered at Police Station

Subhash Chowk, Jaipur for the offences under Sections 323, 341,

324, 34, 307, 326 of I.P.C.

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-6678/2021]

under Sections 341, 323, 324, 34, 307 & 326 of IPC, which was

partly allowed by the learned trial court compounding the offences

under Sections 341 & 323 of IPC vide order dated 02.07.2021 and

now the offences under Sections 324, 34, 307 & 326 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

3. The respondent No.2 & 3 (complainant)-Mr. Pankaj

Chandwani & Mr. Rahul Tilwani & injured along with their counsel

are present in the court and both have admitted the fact of

compromise between the parties. A copy of the Aadhar Card of

respondent No.2 & 3 (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

324, 34, 307 & 326 of IPC qua the petitioner are compounded and

the proceedings pending before the Additional District & Sessions

Judge No.7, Jaipur Metropolitan-II in Criminal Case No.232/2020

as well as the FIR No.18/2020 registered at Police Station

Subhash Chowk, Jaipur qua the petitioner, are hereby quashed.

(INDERJEET SINGH),J

Jyoti/235

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