Citation : 2025 Latest Caselaw 8475 Raj
Judgement Date : 7 March, 2025
[2025:RJ-JD:12987]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2025/2017
1. Mool Singh S/o Sh. Prateeing Ji
2. Pukhraj S/o Sh. Prateeing Ji
3. Jagdish S/o Sh. Shivnath Singh
4. Ramesh S/o Sh. Mool Singh
5. Bharat S/o Sh. Mool Singh, All Petitioners Are By Caste
Purohit And Residents Of Village Basant Police Station
Takhatgarh, Tehsil- Sumerpur, District Pali Raj.
----Petitioners
Versus
1. State Of Rajasthan
2. Biharilal S/o Sh. Rajing Ji, By Caste Purohit, R/o Village
Basant Police Station Takhatgarh, Tehsil- Sumerpur,
District Pali Raj.
----Respondents
For Petitioner(s) : Mr. Pradeep Shah
Ms. Komal
For Respondent(s) : Mr. Vikram Rajpurohit, Dy.G.A. with
Mr. Ravindra
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/03/2025
1. Heard.
2. The parties have settled the dispute amicably and with an
intent to have permanent burial of the dispute, it would be in the
interest of justice to abort the criminal proceeding since not doing
so may reignite the buried dispute or the acrimony which have
been cold down may be rejuvenated again. The letter dated
04.07.2024 sent by the learned Judicial Magistrate, Sumerpur,
District Pali, further strengthening this aspect that the parties
[2025:RJ-JD:12987] (2 of 2) [CRLMP-2025/2017]
have entered into compromise and accused have been acquitted
from the charges under Sections 379 and 447 of IPC and for rest
of the offences which were not compoundable, the proceedings
are underway. Taking guidance from the judgment passed by
Hon'ble the Supreme Court in the case of Gian Singh Vs. State
of Punjab [(2012) 10 SCC 303] and taking into account the
totality of facts and circumstances of the case, it is deemed apt to
allow the instant misc. petition.
3. Accordingly, the instant misc. petition is allowed.
4. The order dated 09.07.2013 passed by the learned Judicial
Magistrate, Sumerpur, District Pali arose out of FIR No.134/2012
of Police Station Takhatgarh, District Pali as well as the order
dated 03.05.2017 passed by the learned Additional Sessions
Judge, Sumperpur, District Pali passed in revisional jurisdiction are
quashed and set aside. The accused are acquitted from the
charges.
5. The stay petition also stands disposed of.
(FARJAND ALI),J 2-divya/-
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