Rajasthan High Court - Jodhpur
Iqlas Khan vs State Of Rajasthan (2023:Rj-Jd:41588) on 1 December, 2023
Author: Farjand Ali
Bench: Farjand Ali
[2023:RJ-JD:41588]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7362/2023
1. Iqlas Khan S/o Shri Akbar Khan, Aged About 61 Years,
R/o Sindhiyon Ka Bass, P.s. Khanda Phalsa, Siwanchi
Gate, Jodhpur (Raj.).
2. Irshad Khan S/o Shri Iqlas Khan, Aged About 35 Years,
R/o Sindhiyon Ka Bass, P.s. Khanda Phalsa, Siwanchi
Gate, Jodhpur (Raj.).
3. Parved Khan S/o Shri Iqlas Khkan, Aged About 29 Years,
R/o Sindhiyon Ka Bass, P.s. Khanda Phalsa, Siwanchi
Gate, Jodhpur (Raj.).
4. Parveen W/o Shri Iqlas Khan, Aged About 58 Years, R/o
Sindhiyon Ka Bass, P.s. Khanda Phalsa, Siwanchi Gate,
Jodhpur (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Hameer Khan S/o Shri Sher Khan, Aged About 51 Years,
R/o Sindhiyon Ka Bass, P.s. Khanda Phalsa, Siwanchi
Gate, Jodhpur (Raj.).
3. Shokat Khan S/o Shri Sher Khan, Aged About 47 Years,
R/o Sindhiyon Ka Bass, P.s. Khanda Phalsa, Siwanchi
Gate, Jodhpur (Raj.).
4. Liyakat Khan S/o Shri Sher Khan, Aged About 45 Years,
R/o Sindhiyon Ka Bass, P.s. Khanda Phalsa, Siwanchi
Gate, Jodhpur (Raj.).
5. Yusuf Khan @ Mannan S/o Shri Shokat Khan, Aged About
26 Years, R/o Sindhiyon Ka Bass, P.s. Khanda Phalsa,
Siwanchi Gate, Jodhpur (Raj.).
----Respondents
For Petitioner(s) : Mr. Dilip Choudhary
For Respondent(s) : Mr. Sharwan Bishnoi, PP
Mr. Aqueel Ahmed, for the
complainant
HON'BLE MR. JUSTICE FARJAND ALI
Order
[2023:RJ-JD:41588] (2 of 3) [CRLMP-7362/2023]
01/12/2023
1. The instant criminal miscellaneous petition has been filed
under Section 482 of the Cr.P.C. seeking quashing of the
proceedings in Criminal Regular Case No.95/2020 pending in the
Court of Judicial Magistrate, Jodhpur District arising out of FIR
No.39/2020 registered at the Police Station Khanda Phalsa,
Jodhpur City East for the offences under Sections 323, 341, 451,
427 and 440/34 of the IPC.
2. It is submitted by counsel for the petitioners that the parties
have settled their dispute by way of compromise. The
compromise has been verified by the trial court for all the offences
except for the offence under Sections 440 of the IPC. Learned
counsel has relied upon the judgment passed by the Hon'ble
Supreme Court in the matter of Gian Singh Vs. State of Punjab
& Anr. reported in 2012(10) SCC 303 and prayed that the
criminal proceedings pending against the petitioners in the
aforesaid case be quashed in view of the compromise between the
parties.
3. Learned counsel for the complainant-respondents has admitted
the fact of compromise between the parties and expresses his
inclination in favour of quashing of the criminal proceedings on the
ground of compromise.
4. Learned Public Prosecutor has opposed the petition.
5. Considering the facts and circumstances of the present case
and the fact that the parties have settled their dispute by way of
compromise and also following the judgment passed by the
[2023:RJ-JD:41588] (3 of 3) [CRLMP-7362/2023]
Hon'ble Supreme Court in the matter of Gian Singh (supra), the
instant criminal miscellaneous petition is allowed and the entire
proceedings in connection with Criminal Regular Case No.95/2020
pending in the Court of Judicial Magistrate, Jodhpur District arising
out of FIR No.39/2020 registered at the Police Station Khanda
Phalsa, Jodhpur City East for the offences under Sections 323,
341, 451, 427 and 440/34 of the IPC and all consequential
proceedings, qua the petitioners, are hereby quashed.
6. The stay application also stands disposed of.
(FARJAND ALI),J
326-Pramod/-
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