Rajasthan High Court - Jodhpur
Kishan Gurjar vs State Of Rajasthan on 21 August, 2023
Bench: Farjand Ali
(1 of 3) [CRLAS-1611/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1611/2023
1. Kishan Gurjar S/o Satyanarayan, Aged About 23 Years, R/
o Udeshi Kunwa, Police Station Bagdinagar, District Pali
(Raj.)
2. Sher Mohammad @ Sher Khan S/o Rasul Khan, Aged
About 21 Years, R/o Udeshi Kunwa, Police Station
Bagdinagar, District Pali (Raj.)
3. Bajrang Nath S/o Kalu Nath, Aged About 19 Years, R/o
Udeshi Kunwa, Police Station Bagdinagar, District Pali
(Raj.)
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Mangla Ram S/o Gyana Ram, R/o Isharnada, Police
Station Khimsar, District Nagaur (Raj.)
----Respondents
For Appellant(s) : Mr. Kishan Gurjar (present-in-
person))
For Respondent(s) : Mr. Abhishek Purohit, AGA
Mr. Mangala Ram, (present-in-person)
HON'BLE MR. JUSTICE FARJAND ALI
Order
21/08/2023
1. The instant criminal appeal is barred by limitation from 224
days. An application under Section 5 of the Limitation Act has
been filed, which is allowed for the reasons and grounds
mentioned therein and the delay in filing the appeal is condoned.
2. The instant criminal appeal under Section 14-A(2) ofthe
SC/ST Act has been preferred being aggrieved ofthe order dated
(2 of 3) [CRLAS-1611/2023]
03.11.2022 passed by the learned Special Judge, SC/ST Act
Cases, Pali in Sessions Case No.176/2020, whereby the learned
court below framed charges against the appellants for the offences
under Sections 458, 323/34 of the IPC and Section 3(1)(R), 3(2)
(5), 3(2)(5A) of the SC/ST Act.
3. The lawyers are abstaining from work today. The appellant
No.1 Kishan Gurjar and the respondent No.2 Mangla Ram are
present in the person.
4. A plea has been raised on account of fact that after filing of
charge-sheet the parties have entered into a compromise and
have amicably settled the dispute finally. The compromise deed
as well as the affidavit of Mangala Ram S/o Gyanaram Meghwal is
on record. Mr. Mangala Ram, the complainant is present in person.
His identity has been verified by examining his personal
documents and a copy of the Aadhaar Card has been taken on
record. Upon verification, the complainant shows his willingness to
stifle the criminal proceedings against the accused appellants.
After conferring with him, this court is satisfied that the
complainant is not under duress or any threat or coercion, rather
he did the compromise as per his own free will and volition. It is
stated that with the efforts of the members of the society, they
have resolved the dispute and now he does not wish to continue
criminal proceedings against the accused appellants.
(3 of 3) [CRLAS-1611/2023]
5. I have gone through the material minutely and after going
through the niceties of the case and gravity of the offences it is
felt that for the purpose of permanent burial of dispute between
the parties and for reestablishment of harmony in the society and
in between the parties, it would be appropriate to quash the
proceedings by exercising power under Section 482 Cr.P.C.
Reliance can be placed upon the judgment of Hon'ble Supreme
Court in the case of Gian Singh Vs. State of Punjab & Anr.
reported in (2012) 10 SCC 303, wherein it is propounded that if
the parties resolve the dispute amicably and the matter does not
pertain to breach of public peace and essentially, or it appears that
it is a dispute inter se/between the parties, then in such
circumstances, with a view to establish harmony between two
families, the proceedings can be quashed by the high Court while
exercising the power under Section 482 of the Cr.P.C.
6. Accordingly, the instant criminal appeal is allowed. The order
dated 03.11.2022 framing charge against the appellants and all
proceedings in Sessions Case No.176/2020 emanating from FIR
No.128/2020 registered at the Police Station Sojat City, Pali are
quashed and set aside and the appellants are acquitted from the
charges levelled against them. The appellants are on bail. Their
bail bonds are discharged.
(FARJAND ALI),J
110-Samvedana/-
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