Aman Kumar vs State Of Rajasthan (2024:Rj-Jd:38695)
2024 Latest Caselaw 8217 Raj

Rajasthan High Court - Jodhpur

Aman Kumar vs State Of Rajasthan (2024:Rj-Jd:38695) on 19 September, 2024

[2024:RJ-JD:38695]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
            S.B. Criminal Misc(Pet.) No. 6044/2024

1.         Aman Kumar S/o Sh. Rajendra Kumar Baisla, Aged About
           43 Years, R/o House No. 321, 322 A Block, Dda Colony
           Khayala, Ps Khayala, Pasehm Delhi.
2.         Kamal Motwani @ Kabirsingh S/o Gopaldas Motwani, Aged
           About 40 Years, R/o 909 D.g. Colony, Sarojni Nagar Delhi,
           Presntly R/o House No. F.f. 2 Govia Residency, Ps
           Kolingud, North Goa.
3.         Tarun Kumar S/o Sh. Darshan Kumar, Aged About 36
           Years, R/o Green Field Lane No. 1, New Abrol
           Shastrinagar Ps Sadar, Dist. Pathankot, Presntly House
           No. 2082 Third Floor, Multani Mohalla, Rani Bagh Ps
           Ranibagh, New Delhi.
                                                      ----Petitioners
                                 Versus
1.         State Of Rajasthan, Through Pp
2.         Chandradeep S/o Yashwan R Mehta, R/o Kishorenagar
           Manda, Ps Rajnagar, Teh. And Dist. Rajsamand.
                                                   ----Respondents


For Petitioner(s)           :     Mr. Jayant Joshi.
For Respondent(s)           :     Mr. SR Choudhary, PP.
                                  Mr. Tanay Jain for R/2.



                HON'BLE MR. JUSTICE ARUN MONGA

Order

19/09/2024

1. Quashing of FIR No.47/2019 dated 05.02.2019 registered at

Police Station Rajnagar, District Rajsamand, and all other

consequential proceedings emanating therefrom for offences

under Sections 420, 394, 384, 323, 327, 330 and 342 of IPC, is

sought herein on the basis of compromise arrived between the

parties.

2. Learned counsel for the petitioners submits that the matter

has already been compromised between the parties as is borne

out from the order of learned trial Court dated 13.08.2024,

whereby, proceedings under Section 420, 323 and 342 were

dropped. However, the offences under Sections 384, 394, 327,

[2024:RJ-JD:38695] (2 of 2) [CRLMP-6044/2024]

330 and 120-B of IPC were kept pending as the same were not

compoundable in nature.

3. 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.

4. 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].

5. Accordingly, the present misc. petition is allowed and FIR

No.47/2019 dated 05.02.2019 registered at Police Station

Rajnagar, District Rajsamand, and all other consequential

proceedings emanating therefrom for offences under Sections

420, 394, 384, 323, 327, 330 and 342 of IPC, are hereby quashed

against the petitioners on the basis of compromise arrived

between the parties.

6. Pending application(s), if any, also stand disposed of.

(ARUN MONGA),J 55-/Jitender//-

                                   Whether fit for reporting-     Yes      /      No









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