Non-compoundable offences can be compounded in exceptional circumstances where the High Court exercises its inherent powers under Section 482 CrPC to promote justice and prevent abuse of the legal process.

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 10985/2022

Gopal Singh @ Gopal Maharaj S/o Shri Bhairu Singh Rawat, Aged

About 45 Years, R/o Bubani, P.s. Gegal, District Ajmer.

----Petitioner

Versus

1.

State Of Rajasthan, Through P.p.

2.

Sajjan Lal S/o Shri Ramswaroop Kadela, R/o Village

Khoda Ganesh, Post Bubani, P.s. Gegal, District Ajmer.

----Respondents

For Petitioner(s)

:

Mr. Bhuwnesh Sharma

For Respondent(s)

:

Mr. Chandragupt Chopra, PP

Mr. Peush Nag

Mr. Anurag Mathur

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

11/01/2023

By way of filing this misc. petition under Section 482

Cr.P.C., the accused petitioner is approached this Court with the

prayer to quash the proceedings in Criminal Case No.5332/2017

pending against him for the offences under Sections 420, 409,

477A, 201 and 120B IPC before the Court of Additional Chief

Judicial Magistrate No.1, Ajmer.

Learned counsel for the petitioner submits that during

the pendency of the trial, the complainant has entered into a

compromise and has submitted an application under Section 320

Cr.P.C. for compounding the offence. Counsel submits that the

learned Magistrate has verified the compromise between the

parties to the extent of offence punishable under Section 420 IPC

(2 of 2)

[CRLMP-10985/2022]

and had discharged the petitioner from the said offence. However,

the trial Judge has declined to verify the compromise as regards to

the offence punishable under Section 409, 477A, 201 and 120B

IPC on the ground that the said offences are non-compoundable.

Learned counsel for the parties are in agreement that the dispute

was between private parties not with Government official and the

same has been amicably settled. Therefore, the complainant does

not want to pursue this matter.

In view of the compromise arrived at between the

parties as well as aforesaid order dated 29.08.2022 passed by the

trial Judge and applying the ratio in the case of Gian Singh Vs.

State of Punjab & Anr. reported in (2012) 10 SCC 303 &

State of Madhya Pradesh Vs. Laxmi Narayan & Ors.,

reported in (2019) 5 SCC 688, this Court deems it just and

appropriate to invoke inherent powers of this Court under Section

482 Cr.P.C.

Accordingly, this misc. petition is allowed and the

petitioner is discharged of the offence punishable under Sections

409, 477A, 201 and 120B IPC as well in relation to Criminal Case

No.5332/2017 pending before the Court of Additional Chief

Judicial Magistrate No.1, Ajmer.

Stay application also stands disposed of.

The factual report dated 03.01.2023 is ordered to be

taken on record.

(ANOOP KUMAR DHAND),J

KuD/45