Mohd. Ayub Khan vs State Of Rajasthan (2024:Rj-Jd:42214)
2024 Latest Caselaw 9043 Raj

Rajasthan High Court - Jodhpur

Mohd. Ayub Khan vs State Of Rajasthan (2024:Rj-Jd:42214) on 16 October, 2024

[2024:RJ-JD:42214]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7064/2024
1.         Mohd. Ayub Khan S/o Alam Khan Pathan, Aged About 63
           Years, R/o Shastri Colony, Alam Magri, Dungarpur.
2.         Smt. Ashiyana Bibi W/o Moh. Ayub Khan Pathan, Aged
           About 62 Years, R/o Shastri Colony, Alam Magri,
           Dungarpur.
3.         Imran Alias Imu Khan S/o Mohd. Ayub Khan Pathan, Aged
           About 43 Years, R/o Shastri Colony, Alam Magri,
           Dungarpur.
                                                                    ----Petitioners
                                     Versus
1.         State Of Rajasthan, Through Pp
2.         Smt. Jamila Bibi W/o Faiyaj Beg, R/o Shastri Colony, Ps
           Kotwali, Dungarpur.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Manoj Kumar Pareek
For Respondent(s)          :     Mr. Vikram Rajpurohit, PP
                                 Mr. Vikram Singh, for R/2.


               HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral) 16/10/2024

1. Quashing of Criminal Proceedings bearing Regular Criminal

Case No.3342/2014 pending before the learned Additional Chief

Judicial Magistrate, Dungarpur, pursuant to FIR No.413/2013

dated 13.11.2013, lodged at Police Station Kotwali, Dungapur, for

the offences under Sections 420, 467, 468, 471 and 120-B of IPC,

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 an order of the

learned trial court dated 27.08.2024 and submits that based on

the same very compromise, proceedings under Section 420 have

been dropped against the petitioners.

[2024:RJ-JD:42214] (2 of 2) [CRLMP-7064/2024]

3. Learned counsel for the petitioners submits that as the

remaining offences i.e. 467, 468, 471 and 120-B of IPC are of

non-compoundable nature, the same have not been dropped by

the learned trial court.

4. Learned Public Prosecutor and learned counsel for the

complainant 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 quashed. 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. 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.3342/2014 pending before the learned Additional Chief

Judicial Magistrate, Dungarpur, pursuant to FIR No.413/2013

dated 13.11.2013, lodged at Police Station Kotwali, Dungapur, for

the offences under Sections 420, 467, 468, 471 and 120-B 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 205-skm/-

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