Harshil Soni vs State Of Rajasthan (2023:Rj-Jd:43885)
2023 Latest Caselaw 10695 Raj

Rajasthan High Court - Jodhpur

Harshil Soni vs State Of Rajasthan (2023:Rj-Jd:43885) on 14 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:43885]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7580/2023

Harshil Soni S/o Shri Manish Kumar, Aged About 19 Years, R/o
Shrinathji     Banglows,       Char       Rasta,       Satalashna,      Mehsana
(Gujarat). At Present Rsg Universe Society, Near Girja Vyas
Patrol Pump, Savina, Dist. Udaipur (Rajasthan).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Praveen Kumar Singh S/o Shri Chandramoli Singh, R/o
         Village Bhuwana, P.s. Sukher, Dist. Udaipur (Rajasthan).
                                                                 ----Respondents


For Petitioner(s)          :    Mr. Shambhoo Singh
For Respondent(s)          :    Mr. Arun Kumar, PP
                                Mr. Dhanpal Singh for the
                                complainant



                HON'BLE MR. JUSTICE FARJAND ALI

Order

14/12/2023

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.2590/2023 pending in

the court of Special Chief Judicial Magistrate (PCPNDT Act Cases),

Udaipur arising out of First Information Report No.514/2022

registered at the Police Station Sukher, District Udaipur for the

offence under Section 380 of the IPC.

2. It is submitted by counsel for the petitioner that the parties

have settled their dispute by way of compromise. An application

was preferred for compounding of the offence on the basis of the

compromise, but the learned trial court has not verified the same

[2023:RJ-JD:43885] (2 of 2) [CRLMP-7580/2023]

as the offence under Section 380 of the IPC is not compoundable.

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 petitioner be

quashed in view of the compromise between the parties.

3. Learned counsel for the complainant-respondent 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

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.2590/2023 pending in the court of Special Chief Judicial

Magistrate (PCPNDT Act Cases), Udaipur arising out of First

Information Report No.514/2022 registered at the Police Station

Sukher, District Udaipur and all consequential proceedings, qua

the petitioner, are hereby quashed.

6. The stay application also stands disposed of.

(FARJAND ALI),J 242-Pramod/-

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