Suman vs State Of Rajasthan (2024:Rj-Jd:36200)
2024 Latest Caselaw 7554 Raj

Rajasthan High Court - Jodhpur

Suman vs State Of Rajasthan (2024:Rj-Jd:36200) on 2 September, 2024

[2024:RJ-JD:36200]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 5824/2024

Suman D/o Shrawan Kumar, Aged About 30 Years, W/o Shishpal,
B/c Sawmi, R/o Kelniya Tehsil Pallu, District Hanumangarh.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through Pp
2.       Jagdish S/o Madan Lal, Aged About 45 Years, R/o Kelniya,
         Tehsil Pallu, District Hanumangarh.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. RS Choudhary.
For Respondent(s)           :     Ms. Sonu Manawat, PP.
                                  Mr. Suresh Nehra for R/2.



               HON'BLE MR. JUSTICE ARUN MONGA

Order

02/09/2024

1. Quashing of criminal proceedings in Case No.433/2016

pending before the learned Additional Chief Judicial Magistrate,

Rawatsar, District Hanumangarh arising out of an FIR No.23/2015,

for the alleged offences under Sections 420, 467, 468, 465, 471,

193, 197 and 120-B of IPC, registered at P.S. Pallu, District

Hanumangarh is sought herein.

2. Learned counsel for the petitioner submits that the matter

has already been compromised between the parties as is borne

out from the order of learned trial Court dated 19.06.2024,

whereby, proceedings under Section 420 were dropped. However,

the offences under Sections 467, 468, 465, 193, 197, 471 and

120B of IPC were kept pending as the same were not

compoundable in nature.

[2024:RJ-JD:36200] (2 of 2) [CRLMP-5824/2024]

4. Learned counsel for the respondent No.2-complainant and

learned Public Prosecutor concur with the fact of compromise.

They submit that in view of the compromise, they have no

objection if the FIR in question is quashed.

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. it is deemed

expedient to quash the FIR 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 misc. petition is allowed and

criminal proceedings in Case No.433/2016 pending before the

learned Additional Chief Judicial Magistrate, Rawatsar, District

Hanumangarh arising out of an FIR No.23/2015, for the alleged

offences under Sections 420, 467, 468, 465, 471, 193, 197 and

120-B of IPC, registered at P.S. Pallu, District Hanumangarh

against the petitioner, 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 80-/Jitender//-

                                   Whether fit for reporting-   Yes      /      No









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