Mangi Devi vs State Of Rajasthan
2022 Latest Caselaw 3180 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 675/2019

Mangi Devi Spouse/o Hadman Ram Jat, Aged About 29 Years, Siyolo Ki Dhaniya, Rinya, Mandiyai Khurd, Teh Tinwari, Dist Jodhpur

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Kalu Ram S/o Raju Ram Jat, Mandiyai Khurd, Teh Tinwari, Dist Jodhpur

----Respondents

For Petitioner(s) : Mr. Pradeep Choudhary For Respondent(s) : Mr. Mool Singh Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/03/2022

By way of the instant misc. petition, the accused-petitioner

made a prayer for quashing of the entire proceeding pending

before him in the Court of Additional Chief Metropolitan Magistrate

No. 4, Jodhpur Metropolitan bearing criminal regular case no.

531/2016 on the ground of compromise.

It is submitted that the dispute in this matter is interse

between the parties which does not affect the societal interest or

anyway disturb the tranquility or public peace. Both the parties

have settled their dispute through amicable settlement, for which

a compromise deed has been executed and submitted before the

trial Court. Since the offences under Sections 420, 467, 468 & 471

IPC are non-compoundable therefore, proceeding has been kept

pending. Learned counsel has relied upon the Judgment passed by

(2 of 2) [CRLMP-675/2019]

Hon'ble the Supreme Court in the case of "Gian Singh vs. State

of Punjab" reported in (2012) 10 SCC 303.

Heard learned counsel for the petitioner and learned Public

Prosecutor.

Since, the parties have resolved their dispute permanently;

the complainant do not wish to continue the proceedings against

him; and present is not a case of public disorder, mental depravity

and for heinous offences; I deem it appropriate to allow the

petition.

Accordingly the misc. petition is allowed.

The criminal proceedings bearing Criminal Regular Case

No.531/2016 (arose out of FIR No. 165/2015, registered at Police

Station Mathania, District Jodhpur) pending in the Court of

Additional Chief Metropolitan Magistrate No. 4, Jodhpur

Metropolitan are hereby quashed and set aside.

The accused is acquitted from the charges. His bail bonds are

discharged.

(FARJAND ALI),J 74-Ravi Kh/-

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