Rajasthan High Court - Jodhpur
Imran Khan vs State Of Rajasthan (2024:Rj-Jd:38040) on 12 September, 2024
[2024:RJ-JD:38040]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6219/2024
Imran Khan S/o Subrat Ali @ Subrat Ali, Aged About 33 Years,
R/o Near 132 Len No. 02, Sent Stiffens School, Baldev Nagar,
Makdi Wali Road, Ps Christinanganj, District Ajmer.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Takseena Bano D/o Samsudeen, R/o
Bhakhari,parbatsar, Peelwa, Nagor, Presently R/o Near
Eidgah, Degana, District Nagor.
----Respondents
For Petitioner(s) : Mr. Ramjan Khan.
For Respondent(s) : Mr. S.R. Choudhary, PP
Mr. Sawai Singh - R/2.
HON'BLE MR. JUSTICE ARUN MONGA
Order
12/09/2024
1. Petitioner seeks quashing of criminal proceedings in Criminal
Original Case No.321/2021 pending before the learned Additional
Chief Judicial Magistrate, Degana, District Nagaur arising out of
FIR No.161/2021 dated 07.07.2021 registered at P.S. Degana,
District Nagaur for the offence punishable under Sections 498-A &
406 IPC, on the basis of compromise arrived between the parties.
2. Apparently, the dispute arose on account of matrimonial
discord between the petitioner-husband and the Respondent No.2
(complainant-wife), leading to the FIR in question.
3. Learned counsel for the petitioner-complainant submits that
pursuant to the amicable settlement, the parties have already
[2024:RJ-JD:38040] (2 of 3) [CRLMP-6219/2024]
parted ways by obtaining a divorce decree by mutual consent and
their marriage stands dissolved.
4. Learned counsel for the petitioner also submits that during
the pendency of the criminal case, the petitioner and the
respondent No.2 have entered in a compromise. An application for
the compromise was filed before the learned trial Court for the
offence under Section 406 IPC and the learned trial court, vide
order dated 02.05.2024, verified the same. Hence, this petition
has been filed before this Court for compounding of offence under
Section 498-A IPC.
5. On a Court query, learned Public Prosecutor accepts the
factum of compromise arrived between the parties and submits
that in view of compromise, he has no objection if the criminal
proceedings and the FIR in question are quashed.
6. It is borne out from the order dated 02.05.2024 passed by
the learned trial Court that compromise has indeed been arrived.
The genuineness thereof is not in dispute. However, since the trial
Court was not empowered to compound certain offences, the
proceedings were not quashed. 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
criminal proceedings arising out of private dispute between the
parties, resulting in Criminal Original Case No.321/2021.
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].
7. Consequently, the instant petition is allowed. The criminal
proceedings in Criminal Original Case No.321/2021 pending before
[2024:RJ-JD:38040] (3 of 3) [CRLMP-6219/2024]
the learned Additional Chief Judicial Magistrate, Degana, District
Nagaur arising out of FIR No.161/2021, P.S. Degana, Nagaur, are
hereby quashed.
8. Pending application(s),if any, shall also stand disposed of.
(ARUN MONGA),J
63-Rmathur/-
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