Rajasthan High Court - Jodhpur
Pyari vs State Of Rajasthan (2024:Rj-Jd:38668) on 19 September, 2024
[2024:RJ-JD:38668]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6013/2024
1. Pyari W/o Govind, Aged About 60 Years, R/o Village
Ahore, Tehsil Ahore, District Jalore, Rajasthan.
2. Sanju W/o Jagdish, Aged About 38 Years, R/o Village
Ahore, Tehsil Ahore, District Jalore, Rajasthan.
3. Javeeri Lal S/o Mohan Lal, Aged About 51 Years, R/o
Village Ahore, Tehsil Ahore, District Jalore, Rajasthan.
4. Gudiya W/o Javeeri Lal, Aged About 50 Years, R/o Village
Ahore, Tehsil Ahore, District Jalore, Rajasthan.
5. Jagdish S/o Rakba, Aged About 48 Years, R/o Village
Ahore, Tehsil Ahore, District Jalore, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Mukesh Rathi S/o Madan Lal Rathi, R/o Village Ahore,
Tehsil Ahore, District Jalore, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Mahaveer Singh.
For Respondent(s) : Mr. Shri Ram Choudhary, P.P.
HON'BLE MR. JUSTICE ARUN MONGA
Order
19/09/2024
1. Quashing of Criminal Proceedings bearing Case No.237/2014
pending before the Additional Chief Judicial Magistrate No.1,
Jalore, pursuant to FIR No.106/2014 dated 15.05.2014, lodged at
Police Station Ahore, District Jalore, for the offences under
Sections 447, 323, 384, 147, 148, 324 and 149 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 22.08.2024 and submits that based on
[2024:RJ-JD:38668] (2 of 3) [CRLMP-6013/2024]
the same very compromise, Sections 447 and 323 are dropped
against the petitioners.
3. Learned counsel for the petitioners thus submits that the
matter has already been compromised between the parties as is
borne out from the order of learned trial Court dated 22.08.2024,
whereby, proceedings were dropped under Section 447 and 323 of
IPC were dropped against the petitioners. However, as the
remaining offences i.e. 147, 148, 384, 324 and 149 of IPC are of
non-compoundable nature, the same have not been dropped by
the learned trial court.
4. Learned Public Prosecutor concur with the fact of
compromise and submit that in view of the compromise, he has 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. Criminal
Proceedings bearing Case No.237/2014 pending before the
Additional Chief Judicial Magistrate No.1, Jalore, pursuant to FIR
No.106/2014 dated 15.05.2014, lodged at Police Station Ahore,
District Jalore, for the offences under Sections 447, 323, 384,
[2024:RJ-JD:38668] (3 of 3) [CRLMP-6013/2024]
147, 148, 324 and 149 of IPC, against 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
44-Sumit/-
Powered by TCPDF (www.tcpdf.org)
