Lalaram S/O Choturam vs State Of Rajasthan ...
2023 Latest Caselaw 5946 Raj/2

[2023:RJ-JP:30502]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 7768/2022

1.       Lalaram S/o Choturam, Aged About 41 Years, Resident Of
         Chak Pingold, Rupangarh, Ajmer, Rajasthan.
2.       Ramchander        S/o     Choturam,          Aged         About    56   Years,
         Resident Of Chak Pingold, Rupangarh, Ajmer, Rajasthan.
                                                                      ----Petitioners
                                      Versus
1.       State of Rajasthan, through P.P.
2.       Mishri Lal S/o Chotu, Aged About 52 Years, Resident Of
         Pingold, Rupangarh, Ajmer, Rajasthan.
3.       Keli Devi W/o Mishri Lal, Aged About 40 Years, Resident
         Of Pingold, Rupangarh, Ajmer, Rajasthan.
                                                                    ----Respondents

For Petitioner(s)           :     Mr. Rajendra Singh
For Respondent(s)           :     Mr. Atul Sharma, PP
                                  Mr. Vikram Singh Panwar



             HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                   Judgment

12/10/2023

1. By way of this criminal misc. petition under Section 482

Cr.P.C., the accused-petitioners have approached this Court with a

prayer to quash the FIR No.276/2020 registered at Police Station

Roopangarh for offences under Sections 143, 341, 323, 379 and

308 IPC and the proceedings pending before the learned

Additional District & Sessions Judge No.1, Kishangarh in Sessions

Case No.60/2021 mainly on the ground that the parties have

entered into compromise and amicably settled their dispute and

now no dispute remains between them.

[2023:RJ-JP:30502] (2 of 3) [CRLMP-7768/2022]

2. The brief facts are that on the First Information Report

lodged by the complainant - respondent, after investigation

charge-sheet was filed against the accused-petitioner before the

concerned magistrate court. The concerned magistrate court took

cognizance and committed the case to the learned Addl. District &

Sessions Judge, No.1, Kishangarh where aforesaid criminal

proceedings in Sessions Case No.60/2021 were initiated. The

learned Sessions Court vide order dated 06.08.2022, framed

charges against the accused petitioner for offences under Sections

341/34, 323/34, 325/34 and 308/34 IPC to which the accused

petitioners pleaded not guilty and claimed trial.

3. During trial, both the parties filed an application under

Section 320 of Cr.P.C. to permit compounding of the aforesaid

offences.

4. The trial Court partly allowed the application and permitted

to compound the offences under Sections 323/34, 341/34 and

325/34 IPC vide order dated 06.08.2022 but the prayer in respect

of offence under Section 308/34 IPC was refused, as the same is

not compoundable.

5. In these circumstances, the petitioners have approached this

Court by way of this petition to quash the aforesaid criminal

proceedings pending before the trial Court on the ground that the

parties have resolved their dispute.

6. Learned counsel for the complainant, while accepting the

factum of compromise, submits that the complainant has no

objection if the proceedings pending against the petitioners are

quashed.

[2023:RJ-JP:30502] (3 of 3) [CRLMP-7768/2022]

7. In view of the aforesaid and considering the submissions

made on behalf of the respective parties; the material made

available for my perusal and considering that the incident took

place out of sudden scuffle between the petitioners and the

complainant and now the parties have amiably resolve their

dispute, this Court feels that in order to establish harmony

between the petitioners and the complainants and give quietus to

the litigation, it would be expedient that the impugned

proceedings are quashed.

8. The present case is wholly covered by the principle of law

laid down by the Hon'ble the Supreme Court in the case of Gian

Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J.

(SC) 4934 and in the case of State of Haryana & Ors. Vs.

Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], and as such

the criminal proceedings are liable to be quashed in view of

compromise arrived at between the parties although the offences

are not compoundable.

9. In view of the above, this criminal misc. petition is allowed

and the criminal proceedings pending before the learned

Additional District & Sessions Judge No.1, Kishangarh in Sessions

Case No.60/2021 as well as the FIR No.276/2020 PS Roopangarh,

Ajmer are quashed and set aside. Consequence to follow.

10. The stay application also stands disposed of.

(ANIL KUMAR UPMAN),J

Sudhir Asopa/610

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