Rajasthan High Court - Jodhpur
Dhanna Ram vs State Of Rajasthan (2024:Rj-Jd:1380) on 5 January, 2024
Author: Farjand Ali
Bench: Farjand Ali
[2024:RJ-JD:1380]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6944/2023
1. Dhanna Ram S/o Baksha Ram, Aged About 58 Years, R/o
Village Jalwana, Tehsil Riya Badi, Dist. Nagaur
2. Karna Ram S/o Shri Baksha Ram, Aged About 55 Years,
R/o Village Jalwana, Tehsil Riya Badi, Dist. Nagaur
3. Bhugana Ram S/o Kana Ram, Aged About 70 Years, R/o
Village Jalwana, Tehsil Riya Badi, Dist. Nagaur
4. Chukli W/o Shri Dhanna Ram, Aged About 57 Years, R/o
Village Jalwana, Tehsil Riya Badi, Dist. Nagaur
5. Harjudi W/o Shri Sukha Ram, Aged About 54 Years, R/o
Village Jalwana, Tehsil Riya Badi, Dist. Nagaur
6. Sabudi W/o Shri Karna Ram, Aged About 48 Years, R/o
Village Jalwana, Tehsil Riya Badi, Dist. Nagaur
7. Jhadawli W/o Shri Baksha Ram, Aged About 81 Years, R/o
Village Jalwana, Tehsil Riya Badi, Dist. Nagaur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Kani Devi W/o Shri Harji Ram, R/o Village Jalwana, Tehsil
Riya Badi, Dist. Nagaur
----Respondents
For Petitioner(s) : Mr. Vishal Sharma
For Respondent(s) : Mr. AR Choudhary, PP
Mr. Amit Pareek
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2024
1. The instant criminal miscellaneous petition has been filed under
Section 482 of the Cr.P.C. seeking quashing of the proceedings in
criminal case No.47/2003 pending in the Court of Civil Judge and
Judicial Magistrate, Merta for the offences under Sections 143, 454 &
380 of IPC of IPC.
[2024:RJ-JD:1380] (2 of 2) [CRLMP-6944/2023]
2. It is submitted by counsel for the petitioners that the parties
have settled their dispute by way of compromise and a compromise
application was submitted before the trial Court and the learned trial
Court verified the same for the offence under Section 323 IPC.
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 FIR
pending against the petitioners 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 FIR on the ground of compromise.
4. Learned Public Prosecutor has opposed the petition and submits
that offence under Seciton 498 A is non compoundable.
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 the aforesaid criminal case mentioned above and
all consequential proceedings, qua the petitioners, are hereby
quashed.
6. The stay application also stands disposed of.
(FARJAND ALI), J.
365-Samvedana/-
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