Citation : 2022 Latest Caselaw 6626 Raj/2
Judgement Date : 13 October, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8853/2022
Karan Singh Khangarot @ Boni Banna Son Of Shri Ramnarayan
Singh, Aged About 29 Years, Resident Of Plot No. 28, Near Garh,
Kukkad, Tehsil Todaraisingh, District Tonk (Raj).
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Keshav Randhad Son Of Shri Ghanshyam Randhad,
Resident Of F/1, 4/148, Chitrakoot Nagar, Vaishali Nagar,
Jaipur (Raj).
----Respondents
For Petitioner(s) : Mr. Prahlad Sharma For Respondent(s) : Mr. Mahendra Meena, PP Mr. Virendra Singh
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
13/10/2022
Heard the parties.
Instant petition has been filed for quashing of FIR No.
806/2018 registered with police station Vaishali Nagar, Jaipur for
the offences punishable under Sections 323, 342, 365, 384 392
and 34 IPC.
Quashing has been sought for on the ground of compromise
between the parties. Respondent No. 2 who is informant of the
case is present in court and supports the factum of compromise.
According to FIR complainant was going from his shop
towards house. On the way, one motor cycle stopped there, took
the complainant on the vehicle and threatened the complainant on
knife point and committed assault against him and also snatched
(2 of 2) [CRLMP-8853/2022]
Rs. 45,000/-, mobile phone and ATM card. The accused further
threatened to pay Rs. 10 Lakh.
Nature of the allegations makes out an offence having social
impact as the offence alleged is mounting day by day which
cannot be ignored.
Learned counsel for the petitioner has relied upon the
judgment of Hon'ble Supreme Court passed in Jayrajsinh
Digvijaysinh Rana Vs. State of Gujarat and Another disposed of on
20.07.2012 vide Criminal Appeal No.1040/2012.
In Gian Singh Vs. State of Punjab (2012) 10 SCC 303
Hon'ble Supreme Court said that "though power under Section
482 is wide enough to accept the compounding of the offences
which are non-compoundable under Section 320 Cr.P.C. however
heinous offences and offences affecting the society at large should
not be encouraged to be compromised".
In my view, looking to the allegation of kidnapping and
compelling the complainant by putting him in fear of death to
make payment of extortion money which was in fact paid, I am
not inclined to allow the petition.
Accordingly instant petition stands dismissed.
Trial court is directed to expedite the trial.
(BIRENDRA KUMAR),J
ashu /34
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