Ram Chandra And Ors vs State Of Rajasthan And Anr
2023 Latest Caselaw 289 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Criminal Revision Petition No. 1525/2015

1. Ram Chandra s/o Shri Hanuman
2. Santosh s/o Shri Hanuman
3. Hanuman s/o Shri Prabhat
4. Chotti Devi @ Gothi Devi w/o Shri Hanuman
(All resident of Bagawas Ahir, P.S. Shahpur, District Jaipur
                                                                     ----Petitioner
                                      Versus
1.   State Of Rajasthan, through PP
2.   Sunita   Devi   w/o       Shri    Ramchandra,           d/o   Ramjilal,   R/o
Fatehpura, Tehsil bansur, District Alwar
                                                                   ----Respondent

For Petitioner(s)          :    Mr. Pankaj Gupta
For Respondent(s)          :    Mr. S.S. Mahla, PP
                                Mr. Mohit



              HON'BLE MR. JUSTICE FARJAND ALI

                                      Order

10/01/2023

By way of filing instant revision, challenge has been made to

the judgment dated 06.10.2015 passed by Additional Sessions

Judge, Bansur in criminal appeal No. 09/2011 whereby the learned

appellate Court partly allowed the appeal filed by the complainant

and remanded back to the learned Judicial Magistrate vide order

dated 09.08.2011 who acquitted the accused petitioner from the

charges.

Heard learned counsel for the parties and perused the

material available on record.

During the course of hearing of the revision petition, the

parties have amicably settled the dispute and entered into a

(2 of 2) [CRLR-1525/2015]

compromise as per which the complainant did not wish to continue

the proceeding against the accused petitioner, since it is a

matrimonial dispute in between the parties which does not put any

adverse effect on the society or do not create threat to the public

peace, therefore in view of the judgment Gian Singh versus State

of Punjab reported in (2012) 10 SCC 302, even in the non-

compoundable offence, the High Court can exercise its inherent

powers and can quash the proceedings so as to see peaceful burial

of the dispute between the spouses.

In this view of the matter, the petition is allowed. The

judgment dated 06.10.2015 passed by learned Additional Sessions

Judge, Bansur is quashed and set aside and the judgment dated

09.08.2011 passed by learned Judicial Magistrate is affirmed. The

accused is on bail and his bail bonds are discharged.

All pending applications stand disposed off.

(FARJAND ALI),J

PREETI VALECHA /132

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