[2023/RJJP/008531]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 2374/2023

1.

Girdhari S/o Nandaram, R/o Ward No. 10, Kasba

Shrimadhopur, District Sikar (Raj.)

2.

Aanchi W/o Shri Girdhari Lal, R/o Ward No. 10, Kasba

Shrimadhopur, District Sikar (Raj.)

----Petitioners

Versus

1.

State Of Rajasthan, Through The Learned Public

Prosecutor.

2.

Sanwarmal Meena S/o Shri Mohan Lal Meena, R/o Ward

No. 10, Kasba Shrimadhopur, District Sikar (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Nikhil Sharma

For State

For Respondent No.2

:

Mr. Atul Sharma, PP

Mr. Abhishek Vashishtha Sharma

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

28/04/2023

The petitioners are accused in FIR No.82/2013 registered

with Police Station-Shrimadhopur, District-Sikar for offences under

Sections 420, 467, 468, 471 and 120B of IPC.

The Police has submitted charge-sheet for offences under

Sections 420 and 120B of IPC. Thereafter, the parties have

entered into a compromise before the Court below.

The Court below accepted compounding of the offence under

Section 420 of IPC, however, refused compounding of offence

under Section 120B of IPC.

The Law is crystal clear that if the substantive offence is

compounded, for conspiracy to commit the said offence, criminal

prosecution cannot be allowed to go on. Therefore the impugned

[2023/RJJP/008531]

(2 of 2)

[CRLMP-2374/2023]

order to the extent it does not permit compounding under Section

120B of IPC as well as the entire criminal proceedings arising out

of the above FIR stands hereby quashed and the petition stands

allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

Sunita/28