Rajasthan High Court - Jodhpur
Mandeep Singh @ Manga Singh vs State Of Rajasthan (2024:Rj-Jd:43600) on 23 October, 2024
[2024:RJ-JD:43600]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7569/2024
Mandeep Singh @ Manga Singh S/o Jasram Singh, Aged About
36 Years, R/o Ward No. 07, Mankasar, Tehsil Sangria, Dist.
Hanumangarh
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mohmmad Tufel S/o Hajibag Ali, R/o Ward No. 08, Chak
19 Mks, Mankasar, Tehsil Sangria, Dist. Hanumangarh
----Respondents
For Petitioner(s) : Mr. M.S. Soni.
For Respondent(s) : Mr. Vikram Rajpuroht, PP
Mr. Mohan Ram Choudhary-R/2.
HON'BLE MR. JUSTICE ARUN MONGA
Order (Oral)
23/10/2024
1. Quashing of Criminal Proceedings bearing Criminal Case
No.463/2023 (CIS No.490/2023) pending before the learned Addl.
Chief Judicial Magistrate, Sangaria, Distt. Hanumangarh, pursuant
to an FIR No.284/2021, dated 08.06.2021, lodged at Police
Station Sangaria, Distt. Hanumangarh, for the alleged offences
under Sections 143, 323, 341 & 447 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 petitioner relies on an order of the learned
trial court dated 08.10.2024 and submits that based on the same
very compromise, proceedings under Sections 143, 323 & 341 of
[2024:RJ-JD:43600] (2 of 3) [CRLMP-7569/2024]
IPC were dropped against the petitioner. However, as the
remaining offence i.e. 447 of IPC is of non-compoundable nature,
the same has not been dropped by the learned trial court.
3. Learned counsel for the petitioner submits that petitioner
(accused) and respondent No.2 (complainant) have mutually
settled their differences and have buried their hatchet, pursuant to
which, they now wish to enjoy their cordiality with each other.
Therefore, the criminal proceedings deserves to be quashed.
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 and all
consequential proceedings arising therefrom for mutual good
relations between the parties and to maintain 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. The proceedings
in Criminal Case No.463/2023 (CIS No.490/2023) pending before
the learned Addl. Chief Judicial Magistrate, Sangaria, Distt.
Hanumangarh, pursuant to an FIR No.284/2021, dated
08.06.2021, lodged at Police Station Sangaria, Distt.
[2024:RJ-JD:43600] (3 of 3) [CRLMP-7569/2024]
Hanumangarh, is hereby quashed on the basis of compromise
arrived between the parties.
7. Pending application(s), if any, also stand disposed of.
(ARUN MONGA),J
268-Rmathur/-
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