Rajasthan High Court - Jodhpur
Kavita vs State Of Rajasthan (2024:Rj-Jd:41534) on 9 October, 2024
[2024:RJ-JD:41534]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 6914/2024
1. Kavita D/o Lalaram, Aged About 33 Years, R/o Fagi, P.s. Fagi,
Dist. Jaipur
2. Shivaraj Singh S/o Banwari Lal, Aged About 30 Years, R/o
Etawah, P.s. Renwal, Dist. Jaipur
3. Rajendra Sharma S/o Durga Prasad Sharma, Aged About 34
Years, R/o Medas, P.s. Thawal, Dist. Nagaur Currently Residing
At Navchokiya, Jalore Gate, P.s. Bari, Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Radha Kishan S/o Sukhram, Aged About 37 Years, R/o
Uchiyara, P.s. Merta City, Dist. Nagaur
----Respondents
For Petitioner(s) : Mr. Jitendra Singh Rathore
For Respondent(s) : Mr. Vikram Rajpurohit, P.P.
Mr. Kana Ram Choudhary, for the
complainant
HON'BLE MR. JUSTICE ARUN MONGA
Order
09/10/2024
1. Quashing of Criminal Proceedings bearing Regular Criminal
Case No.573/2017 pending before the learned Additional Chief
Metropolitan Magistrate No.1, Jodhpur Metro, pursuant to an FIR
No.109/2016 dated 02.05.2016, lodged at Police Station Kudi
Bhagtasani, District Jodhpur, for the alleged offences under
Sections 384, 327, 323, 342 and 34 of IPC are is sought herein,
on the basis of compromise arrived between the parties.
2. On a Court query qua the genuineness of the compromise,
learned counsel for the petitioners relies on the order of the
learned trial court dated 31.08.2024 and submits that based on
the same very compromise, proceedings under Sections 149, 323
& 342 were dropped against the petitioners.
[2024:RJ-JD:41534] (2 of 2) [CRLMP-6914/2024]
3. However, as the remaining offences i.e. 147, 327 & 384 IPC
are of non-compoundable nature, the charges under said sections
were not dropped by the learned trial court.
4. Learned Public Prosecutor and learned counsel for the
complainants concur with the fact of compromise and submit that
in view of the compromise, they have no objection.
5. The genuineness of compromise is not in dispute. However,
since the trial Court was not empowered to compound certain
offences, the criminal proceedings could not be dropped. In the
premise, in the larger interest of justice, invoking inherent powers
vested with this Court under Section 482 Cr.P.C. (Now Section 528
of BNSS), it is deemed expedient to quash the FIR/proceedings in
question for mutual cordiality between parties and societal peace.
Reference in this context may be had to judgment rendered in the
case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10
SCC 303].
6. Accordingly, the present petition is allowed. Regular Criminal
Case No.573/2017 pending before the learned Additional Chief
Metropolitan Magistrate No.1, Jodhpur Metro, pursuant to FIR
No.109/2016 dated 02.05.2016, lodged at Police Station Kudi
Bhagtasani, District Jodhpur, for the offences under Sections 384,
327, 323, 342 and 34 of IPC, and consequential proceedings
emanating therefrom, qua the petitioners, are hereby quashed on
the basis of compromise arrived between the parties.
7. Pending application(s), if any, also stand disposed of.
(ARUN MONGA),J
200-Taruna/-
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