IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Vijay Pal S/o Kishor Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Order :
FARJAND ALI, J.
1. By way of filing this instant Criminal Misc. Petition under Section 528 of the B.N.S.S., the petitioners seek quashing of proceedings arising out of FIR No. 96/2009, registered at P.S. Gangashahar, Bikaner, presently pending before the learned Additional Sessions Judge No. 5, Bikaner, in Sessions Case No. 633/2014, for the alleged offences under Sections 325, 323, 324, 326, 341, 307, 147, 148, and 149 of the IPC, on the strength of a compromise arrived at between the parties.
2. On 21.05.2009, respondent no.2, Sahi Ram, lodged an FIR against his cousins, Vijay Pal, Papu Ram, and others, regarding a land dispute. The dispute escalated when Sahi Ram did not invite them to his sister's wedding. On 20.05.2009, at around 10:00 P.M., Sahi Ram, along with Shankar Lal and Pawan Kumar, was allegedly attacked near Udairamsar by the accused, who were hiding in bushes. Vijay Pal, armed with a barchi, attempted to strike but injured Pawan Kumar instead, causing them to fall from the motorcycle. The accused then allegedly assaulted them, and 4-5 unidentified persons were also mentioned in the FIR. A charge sheet was filed, and trial proceedings commenced, with prosecution
The court can quash proceedings for non-compoundable offences when the prosecution lacks merit and the parties have amicably resolved their dispute, upholding justice and social harmony.
The court can quash proceedings for non-compoundable offences if the dispute is personal and does not affect public peace, promoting justice and harmony.
The court may quash proceedings for non-compoundable offences if the dispute is personal and does not affect public peace, exercising inherent powers under Section 482 CrPC.
Non-compoundable offences may be quashed if the dispute is personal and does not affect public peace, per Supreme Court guidelines.
The High Court may quash criminal proceedings if the parties have settled their disputes amicably, emphasizing the distinction between quashing and compounding offences.
The court can quash criminal proceedings based on a compromise between the parties, prioritizing justice and practicality over the formalities of compounding offences.
The court may quash criminal proceedings based on a compromise between parties, even for non-compoundable offences, if it serves the ends of justice.
The High Court may quash non-compoundable offences if they arise from personal disputes that do not affect public peace, promoting amicable resolutions.
The High Court can quash non-compoundable offences if they are personal in nature and do not affect public peace, promoting harmony between parties.
The court may quash criminal proceedings based on a compromise between parties, emphasizing that such quashing is distinct from compounding offences.
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