Pankaj vs State Of Rajasthan (2024:Rj-Jd:9972)
2024 Latest Caselaw 1880 Raj

Rajasthan High Court - Jodhpur

Pankaj vs State Of Rajasthan (2024:Rj-Jd:9972) on 26 February, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:9972]                    (1 of 3)                     [CRLMA-515/2023]



      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR


                S.B. Criminal Misc. Appli No. 515/2023

1.       Pankaj S/o Sh. Ponam Chand Bhati, Aged About 38 Years,
         R/o Pink Mondal School Ke Piche Kesardesar Kuan Ke Pass
         Dist. Bikaner (Raj.).


2.       Urmila W/o Sh. Ponam Chand Bhati, Aged About 34
         Years, R/o Pink Mondal School Ke Piche Kesardesar Kuan
         Ke Pass Dist. Bikaner (Raj.).


3.       Pinki D/o Sh. Ponam Chand Bhati, Aged About 19 Years,
         R/o Pink Mondal School Ke Piche Kesardesar Kuan Ke Pass
         Dist. Bikaner (Raj.).
                                                                   ----Petitioners

                                    Versus

1.       State Of Rajasthan, Through Pp
2.       Nirmala Bhati W/o Sh. Bhairu Ratan Bhati, R/o Pink
         Mondal School Ke Piche Kesardesar Kuan Ke Pass Dist.
         Bikaner (Raj.).


3.       Manish S/o Sh. Bhairu Ratan Bhati, R/o Pink Mondal
         School Ke Piche Kesardesar Kuan Ke Pass Dist. Bikaner
         (Raj.).
                                                                 ----Respondents


For Petitioner(s)          :    Mr. Kaushal Gautam
For Respondent(s)          :    Mr. Arun Kumar, P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

26/02/2024

1. The matter comes up on an application seeking modification

of the order passed on 07.11.2023.

[2024:RJ-JD:9972] (2 of 3) [CRLMA-515/2023]

2. Heard learned counsel for the parties.

3. It seems that an error has indeed been committed probably

due to inadvertence, therefore, the same is required to be

rectified.

4. Accordingly, the application is allowed and now, the order

dated 07.11.2023 shall be read as follows.

5. The petitioners were facing the trial for committing offence

under Sections 323 and 341/54 of the IPC.

6. During trial, the parties have settled amicably their dispute

and thus entered into compromise and appeared before the trial

court. The learned trial Court vide order dated 07.10.2023 and

verified the fact of compromise and accordingly the petitioners

were discharged for the offences under Sections 323 and 341/54

IPC since the same were compoundable offences.

6. The proceedings under Section 354 IPC had continued

because of its being non-compoundable and, therefore, the parties

have approached this Court.

7. It seems the dispute inter se between the parties and does

not affect and public peace or tranquility indeed its a dispute inter

se between the parties.

8. Thus, in view of the judgment passed by Hon'ble the

Supreme Court in the case of Gian Singh Vs. State of Punjab &

Anr. 2012 (10) SCC 303. A judicial proceeding for such matters

can be quashed by this Court by exercising inherent powers

vested in its.

9. Accordingly, the criminal misc. application is allowed. The

petitioners are discharged for the offence under Section 354 of the

IPC.

[2024:RJ-JD:9972] (3 of 3) [CRLMA-515/2023]

10. It is ordered that the entire proceedings pending before

learned Judicial Magistrate No.3, Bikaner in CRC No.346/2012 are

hereby quashed and set aside. The accused petitioners are

acquitted from the charges.

(FARJAND ALI),J 451-Ravi Khandelwal

Powered by TCPDF (www.tcpdf.org)