Rajasthan High Court
Mukesh Son Of Shri Gorishankar vs State Of Rajasthan on 9 March, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 662/2022
1. Mukesh Son Of Shri Gorishankar, Resident Of Village
Morda, P.s. Kotputli, District Jaipur, Rajasthan.
2. Gorishankar Son Of Shri Bholaram, Resident Of Village
Morda, P.s. Kotputli, District Jaipur, Rajasthan.
3. Deshraj Son Of Shri Ramjilal, Resident Of Village Morda,
P.s. Kotputli, District Jaipur, Rajasthan.
4. Krishna Son Of Shri Gorishankar, Resident Of Village
Morda, P.s. Kotputli, District Jaipur, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Guru Dayal Son Of Hemraj, Resident Of Morda, P.s.
Paniyala, Tehsil Kotputli, District Jaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Dheeraj Tripathi, Adv.
For Respondent(s) : Mr. Mangal Singh Saini, PP
Mr. Gaurav Gupta, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
09/03/2022
This criminal miscellaneous petition has been filed by the
petitioners under Section 482 Cr.P.C. for quashing the order dated
14.12.2021 passed by the learned Appellate Court in Appeal
No.11/2017 titled as Mukesh & Ors. Vs. State.
Learned counsel for the petitioners submitted that the
learned Appellate Court rejected the compromise under Sections
148 and 326 IPC on account of non-compoundable offence.
Learned counsel for the petitioner as well as learned counsel
for the complainant submitted that compromise has been arrived
between the parties. So, on account of compromise, order of the
Appellate Court be quashed.
(2 of 2) [CRLMP-662/2022]
Learned counsel for the petitioner has placed reliance upon
the judgment passed by Hon'ble Supreme Court in Criminal
Appeal No.1489/2012 (Ram Gopal & Anr. Versus the State
of Madhya Pradesh) decided on 29.09.2021.
Learned Public Prosecutor has opposed the arguments
advanced by learned counsel for the petitioner.
Learned counsel for the complainant acknowledging the
factum of compromise between the parties and submitted that he
has no objection if the FIR in question and consequential criminal
proceeding are quashed.
Heard learned counsel for both 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. In view of
compromise and the law laid down by the Hon'ble Apex Court of
India in cases of Gian Singh Vs. State of Punjab (2012) 10
SCC 303 and Narinder Singh Vs. State of Punjab (2014) 6
SCC 466, this Court deems it just and proper to quash the FIR in
question and consequential criminal proceeding.
Resultantly, this criminal miscellaneous petition is allowed
and the order dated 14.12.2021 passed by the learned Appellate
Court in Appeal No.11/2017 titled as Mukesh & Ors. Vs. State is
set aside and on account of compromise, conviction against the
petitioners under Sections 148 and 326 IPC is set aside.
Stay application also stands disposed of.
(NARENDRA SINGH DHADDHA),J
Gourav/140
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