Shankargiri S/O Ramgiri vs State Of Rajasthan
2021 Latest Caselaw 7043 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous (Petition) No. 7742/2021

Shankargiri S/o Ramgiri, R/o Ward No. 70 Shreeji Ka Mohalla,
Town Arai, Police Station Arai, District Ajmer (Raj.)
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Public Prosecutor.
2.      Bhagwan Singh S/o Arjun Singh, R/o Bhogadith, P.s. Arai,
        District Ajmer, Rajasthan.
3.      Gopal S/o Ramkaran, R/o Bhogadith, P.s. Arai, District
        Ajmer, Rajasthan.
4.      Rodu S/o Ramkaran, R/o Bhogadith, P.s. Arai, District
        Ajmer, Rajasthan.
                                                                ----Respondents

For Petitioner(s) : Mr. Akshat Choudhary For Respondent(s) : Ms. Deeksha Jhalani For State : Mr. Shyam Prakash Sharma, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

30/11/2021

1. Petitioner has preferred this Criminal Misc Petition under

Section 482 Cr.P.C. seeking quashing of proceedings in Criminal

Appeal No.65/2019 pending before the Additional District and

Sessions Judge No.1, Kishangarh.

2. It is contended by counsel for the petitioner that parties are

the resident of the same village. F.I.R. is of the year 2002 and the

dispute was pending for last nineteen years. Now parties have

amicably settled their dispute. and a compromise was filed before

the Court below. Court has compounded the offence under

(2 of 2) [CRLMP-7742/2021]

Sections 408 & 420 of IPC but as the offence under Section 467 of

IPC is non-compoundable, the same was not compounded.

3. Counsel for the complainant-respondents has not disputed

the fact of parties having entered into compromise and he

contends that respondents have no objection to quashing of the

proceedings pending before the Court below.

4. I have considered the contentions.

5. A long standing dispute which was pending for last nineteen

years has been resolved between the parties. Complainant-

respondents and petitioner are resident of the same area and to

maintain peace and harmony, they have entered into compromise.

6. The Apex Court in "Ramgopal & Anr. Vs. The State of

Madhya Pradesh" in Criminal Appeal No.1489/2012 decided on

29.09.2021 has compounded the offence at the stage of appeal.

7. In view of the fact that parties have amicably settled their

dispute and respondents do not wish to proceed further with the

proceedings pending before the Court below, present petition

deserves to be and is accordingly allowed.

8. Accordingly, Criminal Misc. Petition is allowed. Proceedings in

Criminal Appeal No.65/2019 pending before the Additional District

and Sessions Judge No.1, Kishangarh are quashed.

9. A copy of this order be sent to the concerned Court.

10. Stay application also stands disposed.

(PANKAJ BHANDARI),J ARTI SHARMA /105

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