Rajasthan High Court
Sanjay Sain S/O Jagdish Sain vs State Of Rajasthan ... on 12 October, 2023
Bench: Anil Kumar Upman
[2023:RJ-JP:30511]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 6066/2023
1. Sanjay Sain S/o Jagdish Sain, R/o 208 Parvatpuri,
Kagdiwada, Brahmpuri, Jaipur.
2. Ajay Singh S/o Chhotu Singh, R/o 376-A, Lala Maharaj Ki
Bagichi, Chhipiwara, Mount Road, Brahmpuri, Jaipur.
3. Mona Kanwar W/o Govind Singh, R/o 154-B, Shankar
Nagar, Tempo Stand, Brahmpuri, Jaipur.
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Jaipal Gurjar S/o Ramphool Gurjar, R/o Dhani Mirdhawali,
Baththa Wala, Jamwarmgarh, Jaipur Rural.
----Respondents
For Petitioner(s) : Mr. Ravindra Kumar Paliwal
For Respondent(s) : Mr. Atul Sharma, PP
Mr. Kamlesh Kumar Sharma, for
complainant
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment / Order
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 proceedings pending before the learned Additional District
& Sessions Judge No.6, Jaipur Metro-II in Sessions Case
No.19/2022 mainly on the ground that the parties have entered
into compromise and amicably settled their dispute and now no
dispute remains between them.
2. The brief facts are that on the First Information Report
No.146/2022 lodged by the complainant - respondent at Police
Station Brahampuri, Jaipur City (North) for offences under
Sections 323, 341, 324, 307 and 34 IPC, after investigation
[2023:RJ-JP:30511] (2 of 3) [CRLMP-6066/2023]
charge-sheet was filed against the accused-petitioners before
learned Metropolitan Magistrate No.9, Jaipur City-II for offences
under Sections 323, 341, 324, 307 and 34 IPC and Section 4/25
of the Arms Act. The concerned magistrate court took cognizance
for the aforesaid offences and committed the case to the learned
Addl. District & Sessions Judge, No.6, Jaipur Metro-II where
aforesaid criminal proceedings in Sessions Case No.19/2022 were
initiated. The learned Sessions Court vide orders dated
20.09.2022 and 22.09.2022, framed charges against the accused
petitioners to which they pleaded not guilty and claimed trial.
3. During trial, both the parties filed a joint application before
the learned trial court mentioning therein that they have entered
into compromise and have resolved the issue amicably. They
prayed for attestation of the compromise.
4. Vide order dated 23.09.2022, the trial Court partly allowed
the application and attested the compromise qua the offences
under Sections 323 and 341 IPC.
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.
7. Presently, the case is at the stage of prosecution evidence .
The injured Prithviraj Gurjar has been examined at trial as PW.1
[2023:RJ-JP:30511] (3 of 3) [CRLMP-6066/2023]
and he has not supported the prosecution case and has been
declared hostile by the prosecution.
8. 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 parties have
amiably resolved their dispute, this Court feels that in order to
establish harmony between the petitioners and the complainant
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 above, this criminal misc. petition is allowed and
the criminal proceedings pending before the learned Additional
District & Sessions Judge No.6, Jaipur Metro-II in Sessions Case
No.19/2022 as well as the FIR No.146/2022 PS Brahampuri,
Jaipur City (North) are quashed and set aside. Consequence to
follow.
10. The stay application also stands disposed of.
(ANIL KUMAR UPMAN),J
Sudhir Asopa/16
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