Rajasthan High Court - Jodhpur
Kailash @ Kalu vs State Of Rajasthan (2025:Rj-Jd:10868) on 24 February, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:10868]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 8678/2024
1. Kailash @ Kalu S/o Babu Lal, Aged About 35 Years, R/o
Godon Ka Chowk, Jodhpur
2. Smt. Monika W/o Kailash @ Kalu, Aged About 30 Years,
R/o Godan Ka Chowk, Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Sangita W/o Kailash, R/o Godan Ka Chowk, Harijan
Basti, P.S. Sadar Bazar, Jodhpur
----Respondents
For Petitioner(s) : Mr. Gokulesh Bohra
For Respondent(s) : Mr. Vikram Singh Rajpurohit, Dy.G.A.
For Complainant : Mr. Vikas Godara
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/02/2025
1. The instant criminal misc. petition has been filed under
Section 482 Cr.PC/528 BNSS on behalf of the petitioners for
quashing of the entire proceeding pending against them in
the Court of learned Additional Sessions Judge (Women
Atrocities Cases), Jodhpur Metropolitan (hereinafter to be
referred as 'the trial Court') in Sessions Case No.25/2017,
arising out of FIR No. 12/2017 registered at Police Station
Sadar Bazar, District Jodhpur East for the offences under
Sections 323, 307 and 328 of the IPC, on the ground of
compromise.
[2025:RJ-JD:10868] (2 of 4) [CRLMP-8678/2024]
2. Learned counsel for the petitioners submits that the dispute
in this matter is inter se between the parties which does not
affect the societal interest or anyway disturb the tranquility
or public peace. It is further submitted that both the parties
have settled their disputes through amicable settlement, for
which a compromise-deed has been executed and submitted
before the learned trial Court.
3. It is also submitted by learned counsel for the petitioners
that the charge-sheet has been filed against the petitioners
for the offences under Sections 323, 307, 328, 34 and 498-A
of IPC. It is submitted that as the parties have entered into
compromise, there remains no controversy in between them
and the parties do not wish to continue the criminal
proceedings further.
4. Learned counsel for the petitioners has relied upon the
judgment passed by Hon'ble the Supreme Court in the case
of Gian Singh Vs. State of Punjab reported in (2012) 10
SCC 303.
5. On the other hand, learned counsel appearing for
complainant-respondent No.2 admits the fact of compromise
and submits that the complainant-respondent No.2 is willing
if the FIR and the proceedings are quashed on the basis of
compromise entered in between the parties.
6. Learned Deputy Government Advocate has opposed the
petition.
7. Heard learned counsel for the parties and perused the
material available on record more particularly the police
[2025:RJ-JD:10868] (3 of 4) [CRLMP-8678/2024]
report, nature of allegation and the compromise deed
executed in between the parties. The parties to the lis have
resolved their dispute amicably and do not wish to continue
the criminal proceedings and have jointly prayed for
quashing of the same.
8. Some of the offences alleged in this matter are
non-compoundable, however, Hon'ble Supreme Court in the
case of Gian Singh (supra) has propounded that if it is
convinced that offences are entirely personal in nature and
do not affect the public peace or tranquility and where it
feels that quashing of such proceedings on account of
compromise would bring about peace and would secure ends
of justice, the High Court should not hesitate to quash the
same by exercising the inherent powers vested in it. It is
observed that in such cases, the prosecution becomes a
lame prosecution and pursuing such a lame prosecution
would be a waste of time and energy that will also unsettle
the compromise and obstruct restoration of peace. This court
is aptly guided by the principles propounded by Hon'ble the
Supreme Court and feels that where the dispute is
essentially inter se between the parties, either they are
relatives, neighbours or having business relationship and
which does not affect the society at large, then in such
cases, with a view to maintain harmonious relationships
between the two sides, to end-up the dispute in between
them permanently as well as for restitution of relationship,
the High Court should exercise its inherent power to quash
[2025:RJ-JD:10868] (4 of 4) [CRLMP-8678/2024]
the FIR and all other subsequent proceedings initiated
thereto.
9. Here in this case, though some of the offences are not
compoundable but the parties have settled the dispute
amicably, the complainant-respondent No.2 do not wish to
continue the proceedings against the petitioners and, that is
essentially in between the parties, which is not affecting
public peace and tranquility, therefore, with a view to
maintain the harmony and to resolve the dispute finally in
between the parties, it is deemed appropriate to quash the
FIR and the entire proceedings undertaken in pursuance
thereof.
10. Accordingly the instant criminal misc. petition is allowed. The
entire proceeding pending in the Court of learned Additional
Sessions Judge (Women Atrocities Cases), Jodhpur
Metropolitan in Sessions Case No.25/2017 arising out of FIR
No.12/2017 registered at Police Station Sadar Bazar, District
Jodhpur East are hereby quashed and set aside.
11. The accused petitioners are acquitted from the charges and
if they are on bail, their bail bonds are discharged.
12. The stay petition is disposed of.
(FARJAND ALI),J
79-Ashutosh/-
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