Back
2024 Supreme(Online)(Raj) 31781
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
[2024:RJ-JD:42320]
S.B. Criminal Misc(Pet.) No. 7080/2024
1. Vishnu Shankar S/o Manak Lal Suthar, Aged About 66 Years, R/o Lakshman Pura Ps, Dabok, Dist. Udaipur.
2. Ramlal Meena S/o Chunnilal @ Suna Meena, Aged About 44 Years, R/o Modi Majra Thala, Ps Kheroda, , Dist.Udaipur.
3. Smt. Manki Bai W/o Lt. Moti Lal Meena, Aged About 65 Years, R/o Lakshman Pura Ps, Dabok, Dist. Udaipur.
4. Smt. Kani Bai W/o Lt. Teja Meena, Aged About 60 Years, R/o Lakshman Pura Ps, Dabok, Dist. Udaipur.
----Petitioners Versus
1. State Of Rajasthan, Through Pp
2. Valu Ram S/o Moti Lal Meena, R/o Lakshman Pura Ps, Dabok, Dist. Udaipur.
----Respondents
For Petitioner(s) : Mr. Harshit Burani
For Respondent(s) : Mr. Vikas Siddhawat (R-2)
Mr. Vikram Singh Rajpurohit, PP
HON'BLE MR. JUSTICE ARUN MONGA
17/10/2024
(ARUN MONGA),J
12-DhananjayS/-
Order
1. Quashing of an FIR No.300/2022 dated 17.10.2022 registered at Police Station Dabok, District Udaipur under Sections 406, 420, 467, 468, 471 and 120-B of IPC read with Sections 3(1) Caste (Prevention of Atrocities Act), 1989 and all subsequent proceedings including Criminal Case No.66/2023 on the basis of
2. On a Court query qua the genuineness of the compromise, learned counsel for the petitioners points out to an order of the learned trial court dated 25.06.2024 and submits that based on the same very compromise, proceedings under Section 406 and 420 of IPC were dropped against the petitioners. However, as the remaining offences were non-compoundable in nature, the charges under said Sections were not been dropped by the learned trial Court.
3. Learned counsel for the petitioners submits that the parties have buried their hatchet and have thus entered into a compromise. Pursuant to which, they now wish to enjoy their cordiality with each other.
4. Learned Public Prosecutor and learned counsel for the complainant 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. FIR No.300/2022 dated 17.10.2022 registered at Police Station Dabok, District Udaipur under Sections 406, 420, 467, 468, 471 and 120-B of IPC Tribes and Scheduled Caste (Prevention of Atrocities Act), 1989 and all subsequent proceedings including Criminal Case No.66/2023 are hereby quashed on the basis of compromise
7. Pending application(s), if any, also stand disposed of.
