Rajasthan High Court - Jodhpur
Laxman @ Lakhma vs State Of Rajasthan (2024:Rj-Jd:39028) on 20 September, 2024
[2024:RJ-JD:39028]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6405/2024
1. Laxman @ Lakhma S/o Daliya Meena, Aged About 47 Years,
R/o Gol Fallan, Holira, Police Station Aaspur, Dist.
Dungarpur.
2. Goutam S/o Parthi Meena, Aged About 50 Years, R/o Near
Gol Atal Seva Kendra, Police Station Aaspur, Dist.
Dungarpur.
3. Pachiya S/o Raiya Meena, Aged About 45 Years, R/o
Ramadhani, Police Station Aaspur, Dist. Dungarpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Dallu D/o Amra Meena, Aged About 47 Years, R/o Gol
Fallan, Holira, Police Station Aaspur, Dist. Dungarpur.
3. Amra S/o Kodra Meena, Aged About 97 Years, R/o Gol
Fallan, Holira, Police Station Aaspur, Dist. Dungarpur.
----Respondents
For Petitioner(s) : Mr. JVS Deora.
For Respondent(s) : Mr. Vikram Rajpurohit, P.P.
Mr. R.S. Bhati, AGA
Mr. Veer Bajran Singh, for R/2 & 3
(complainants)
HON'BLE MR. JUSTICE ARUN MONGA
Order
20/09/2024
1. Quashing of Criminal Proceedings bearing Regular Criminal
Case No.94/2018 pending before the learned Judicial Magistrate,
Aaspur, District Dungarpur, pursuant to FIR No.35/2016 dated
11.02.2016, lodged at Police Station Aaspur, District Dungapur, for
the offences under Sections 420, 467, 468, 471 and 120-B of IPC,
is sought herein, on the basis of compromise arrived between the
parties.
[2024:RJ-JD:39028] (2 of 3) [CRLMP-6405/2024]
2. On a Court query qua the genuineness of the compromise,
learned counsel for the petitioners had relied on order of the
learned trial court dated 13.05.2022 and submits that based on
the same very compromise, proceedings under Section 420 are
dropped against the petitioners.
3. 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 13.05.2022,
whereby, proceedings under Section 420 of IPC were dropped
against the petitioners. However, as the remaining offences i.e.
467, 468, 471 and 120-B of IPC are of non-compoundable nature,
the same have not been dropped by the learned trial court.
4. Learned Public Prosecutor and learned counsel for the
complainants 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/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. Regular Criminal
Case No.94/2018 pending before the learned Judicial Magistrate,
Aaspur, District Dungarpur, pursuant to FIR No.35/2016 dated
11.02.2016, lodged at Police Station Aaspur, District Dungapur, for
[2024:RJ-JD:39028] (3 of 3) [CRLMP-6405/2024]
the offences under Sections 420, 467, 468, 471 and 120-B of IPC,
and consequential proceedings emanating therefrom, qua 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
86-Sumit/-
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