Advocates:
['BHAWANI SINGH', 'PP', 'RAJENDRA SINGH CHUNDAWAT', 'RAJENDRA SINGH CHUNDAWATAVINASH BHATI']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 6806/2021

Jitendra Singh S/o Narayan Singh, Aged About 34 Years,

Sanwatkua Khurd, Teh. Baori, Dist. Jodhpur.

----Petitioner

Versus

1.

State Of Rajasthan, Through Pp

2.

Sanjay Soni S/o Trilokchand Soni, 6-Gha 23, Pawanpuri,

South Extension Scheme, Bikaner.

----Respondents

For Petitioner(s)

:

Mr. Bhawani Singh

For Respondent(s)

:

Mr. S.K. Bhati, PP

Mr. Avinash Bhati,for

Mr. Rajendra Singh Chundawat, for

the complainant

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

17/12/2021

1.

It is stated at the Bar that a compromise has been arrived at

between the parties and it is borne out from the compromise that

the complainant is not inclined to proceed further in the matter.

The compromise has been filed before the trial court.

2.

Learned counsel for the parties have placed reliance on a

decision of Supreme Court in the case of Gian Singh vs. State of

Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi

Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal and Ors.

Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and

1488 of 2012 decided on 29.09.2021).

3.

It is also submitted that upon the aforementioned

compromise, the learned court below vide order dated

21.10.2021, has verified the compromise between the parties to

(2 of 2)

[CRLMP-6806/2021]

the extent of the offence under Section 420 of IPC and has

discharged the petitioner of the offence under Section 420 IPC.

However, the learned court below has declined to verify the

compromise as regards the offence under Section 467, 468, 471

and 120-B of IPC on the ground that the said offence is non-

compoundable.

4.

That the counsel for the parties are in agreement that the

dispute between them has been amicably settled and therefore,

the complainant-respondent No.2 does not want to pursue the

matter.

5.

In view of compromise arrived at between the parties as well

as the aforesaid order dated 21.10.2021 of the learned court

below and applying the ratio in decision of Gian Singh vs. State

of Punjab, (2012) 10 SCC 303, State of M.P. V/s Laxmi

Narayan & Ors. [AIR 2019 SC 1296] & Ram Gopal and Ors.

Vs. State of Madhya Pradesh (Criminal Appeal No. 1489 and

1488 of 2012 decided on 29.09.2021), I deem it just and

proper to invoke inherent powers of this Court under Section 482

Cr.P.C.

6.

Accordingly, the present misc. petition is allowed and the

proceedings pending before the learned Additional Chief

Metropolitan Magistrate No.7, Jodhpur in relation to Criminal Case

No.11430/2019 for the offence under Section 467, 468, 471 and

120B of IPC are quashed.

(VINIT KUMAR MATHUR),J

26-praveen/-