Rajasthan High Court
Kailash S/O Shri Laduram vs State Of Rajasthan on 17 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6522/2020
1. Kailash S/o Shri Laduram, R/o Village Lalgarh, Tehsil
Amer, Distt. Jaipur Raj.
2. Bhagwan Sahay S/o Mohruram, R/o Village Lalgarh, Tehsil
Amer, Distt. Jaipur Raj.
3. Ladu Ram S/o Mohru Ram, R/o Village Lalgarh, Tehsil
Amer, Distt. Jaipur Raj.
----Accused/Petitioners
Versus
1. State Of Rajasthan, Through P.p.
Respondent
2. Mahesh Kumar Yadav S/o Shri Jagannath, R/o Village
Lalgarh, Tehsil Amer, Distt. Jaipur Raj.
----Complainant/Respondent
For Petitioner(s) : Mr. Kamal Gupta for
Mr. Mahesh Gupta
For Respondent(s) : Mr. F.R. Meena, P.P.
Mr. Akhilesh Pareek
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
17/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceedings in the Session
Case No.09/2019, CIS No.33/2019, State of Rajasthan versus
Kailash & Ors. pending in the Court of learned Additional Sessions
Judge, Chomu, District Jaipur arising out of FIR No.138/2019
registered at Police Station Kaladera District Jaipur Rural for
offence under Sections 147, 148, 149, 323, 341, 447 & 308 of IPC
and later on for the offences 147, 148, 149, 323, 341, 447, 308,
427 & 34 of IPC.
(2 of 3) [CRLMP-6522/2020]
Learned counsel for the petitioner submitted that the FIR in
question arises out of a minor dispute between the parties who
are neighbours and does not involve heinous offence. Learned
counsel submitted that since none of the injured have received
any grievous injury, no offence under Section 308 IPC is made
out. He submitted that the learned trial Court has, vide order
dated 08.12.2020, quashed the proceedings under Sections 447 &
427 IPC qua accused persons Babu Lal and Madan Lal; but,
declined to quash the same against the present petitioners since
one of the charges framed against them was under Sections
308/34 of IPC, which is not compoundable. Relying on the
compromise application (Annexure-1) and judgments of the
Hon'ble Supreme Court in cases Gian Singh versus State of
Punjab & Anr. reported in JT 2012 (9) SC-426 & Narinder
Singh & Ors. versus State of Punjab & Anr. reported in 2014
Cr.L.R. (SC) 351, he submitted that since the matter has
amicably been settled between the parties, the proceedings
against the petitioners be also quashed.
Learned Public Prosecutor has opposed the criminal
miscellaneous petition.
Learned counsel appearing for the complainant
acknowledging the factum of compromise between the parties,
submitted that he has no objection if the criminal proceedings
arising out of FIR in question are quashed.
Heard learned counsels for the parties and perused the
record.
A perusal of the material on record shows that the dispute
between the parties has amicably been settled by them and the
learned trial Court vide its order dated 08.12.2020 quashed the
(3 of 3) [CRLMP-6522/2020]
proceedings qua co-accused persons for other offences on the
basis of compromise. In view of compromise between the parties
and the law laid down by the Hon'ble Supreme Court in cases of
Gian Singh (Supra) & Narinder Singh (supra), this Court deems
it just and proper to quash the criminal proceedings against the
petitioners.
Resultantly, this criminal miscellaneous petition is allowed.
The criminal proceedings in the Session Case No.09/2019, CIS
No.33/2019, State of Rajasthan versus Kailash & Ors. pending in
the Court of learned Additional Session Judge, Chomu, District
Jaipur arising out of FIR No.138/2019 registered at Police Station
Kaladera District Jaipur Rural for offence under Sections 308/34 of
IPC, are quashed.
(MAHENDAR KUMAR GOYAL),J
Manish/50
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