Citation : 2024 Latest Caselaw 4697 Raj
Judgement Date : 24 May, 2024
[2024:RJ-JD:23939]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2336/2024
Karan Kumar S/o Shri Dinesh Raj, Aged About 20 Years, R/o
Jatiyawas, Naya Bass No. 2, Meghwal Mandir Ke Samane,
P.s.kotwali Sirohi, Dist. Sirohi (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Ravina Gourd D/o Damodar Gourd, R/o 11E/208,
Chopasani Housing Board, Jodhpur
----Respondents
For Petitioner(s) : Mr. Jagatveer Singh Deora
For Respondent(s) : Mr. Arun Kumar, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/05/2024
1. The instant criminal misc. Petition has been filed under
Section 482 Cr.P.C for quashing of the entire proceedings
pending in the Court of learned Metropolitan Magistrate No.8,
Jodhpur Metropolitan bearing Criminal Case No.10844/2022
arising out of FIR No.208/2020 registered at Police Station
Chopasani Housing Board, District Jodhpur City West on the
ground of compromise.
2. It is submitted that the dispute in this matter is interse
between the parties which does not affect the societal interest
or anyway disturb the tranquility or public peace. Both the
parties have settled their disputes through amicable
settlement, for which a compromise deed has been executed
[2024:RJ-JD:23939] (2 of 2) [CRLMP-2336/2024]
and submitted before the trial Court. Since the offences under
Sections 354, 384 of IPC and Sections 67-A and 66 of IT Act
are non-compoundable, therefore, proceeding has been kept
pending. Learned counsel has relied upon the Judgment
passed by Hon'ble the Supreme Court in the case of Gian
Singh vs. State of Punjab reported in (2012) 10 SCC 303.
3. Heard learned counsel for the parties.
4. Since, the parties have resolved their disputes permanently;
the complainant does not wish to continue the proceedings
against them; and present is not a case of public disorder,
mental depravity and for heinous offences; I deem it
appropriate to allow the petition.
5. Accordingly the misc. petition is allowed. The entire criminal
proceedings of Criminal Case No.10844/2022 (arose out of
FIR No.208/2020, registered at Police Station Chopasani
Housing Board, District Jodhpur City West) pending in the
Court of Additional Metropolitan Magistrate No. 8, Jodhpur
Metropolitan are hereby quashed and set aside.
6. The accused petitioner is acquitted from the charges. His bail
bonds are discharged.
7. The stay petition is disposed of.
(FARJAND ALI),J 141-Ashutosh/-
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