Citation : 2025 Latest Caselaw 4802 Raj
Judgement Date : 17 January, 2025
[2025:RJ-JD:3342]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 8844/2024
Laxman Sen S/o Shri Parasmal Sen, Aged About 52 Years, R/o
Village Jadan P.s. Shivpura, Tehsil Marwad Junction Dist. Pali
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Shri Chensingh S/o Shri Motisingh, R/o Village Jadan P.s.
Shivpura, Tehsil Marwad Junction, Dist. Pali
----Respondents
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
Mr. Prakash Sen
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
17/01/2025 The instant criminal misc. petition under Section 482 Cr.P.C.
(Section 528 BNSS) has been filed by the petitioner for quashing
of proceeding in Original Criminal Case No.1760/2014 pending
before learned Judicial Magistrate, Sojat, District Pali, on the basis
of compromise arrived at between the parties.
Counsel for the petitioner submits that the matter has
already been compromised between the parties and it is borne out
from the compromise that respondent No.2-complainant is not
inclined to proceed further in the matter. Counsel has placed
reliance on a decision of Supreme Court in the case of Gian
Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303]. In
these circumstances, the aforesaid criminal proceedings may be
quashed on the basis of compromise.
[2025:RJ-JD:3342] (2 of 2) [CRLMP-8844/2024]
Counsel for the respondent No.2-complainant concurs the
fact of compromise and submits that in view of the compromise,
the respondents No.2-complainant does not want to proceed
further in the matter.
In view of compromise arrived at between the parties and
applying the ratio in decision of Gian Singh (Supra), I deem it
just and proper to invoke inherent powers of this Court under
Section 482 Cr.P.C. (Section 528 BNSS).
Accordingly, the present misc. petition is allowed and
criminal proceedings in Original Criminal Case No.1760/2014
pending before learned Judicial Magistrate, Sojat, District Pali is
hereby quashed on the basis of compromise deed.
Stay application also decided.
(MANOJ KUMAR GARG),J 58-mSingh/-
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