Rajasthan High Court - Jaipur
Bachhan Singh S/O Shri Ganga Singh ... vs State Of Rajasthan on 11 December, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7343/2019
1. Bachhan Singh S/o Shri Ganga Singh Gurjar, Aged About
24 Years, By Caste Gurjar, Aged About 24 Years, R/o Vill.
Khootla, Police Station Sadar, Gangapur City,
Sawaimadhopur, Presently R/o Flat No. 210, Patrakar
Colony, Soni Enclave, Police Station Mansarovar, Jaipur.
2. Virendra Singh Chauhan S/o Shri Man Singh, Aged About
35 Years, Bt Caste Rajput, Aged About 35 Years, R/o 51,
Park View Colony, N.b.c., Police Station Sadar, Jaipur
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Sunil Gurjar S/o Shri Govind Singh Gurjar, R/o 96,
Brahma Marg, Officer Campus, Opposite Sanskar School,
Vaishali Nagar, Jaipur West, Vaishali Nagar, Jaipur (West).
----Respondents
For Petitioner(s) : Mr. Ganesh Chandra Gupta For Respondent(s) : Mr. S.S. Ola, PP For Complainant(s) : Mr. S.L. Sharma HON'BLE MR. JUSTICE INDERJEET SINGH Order 11/12/2019
1. Instant criminal Miscellaneous petition has been filed under Section 482 Cr.P.C. for quashing of the proceedings pending in the court of Additional Civil Judge and Metropolitan Magistrate No.14, Jaipur Metropolitan in Criminal Case No.396/2018 arising out of the F.I.R. No.681/2018 registered at Police Station Vaishali Nagar, Jaipur (West) for the offence under Sections 427, 447, 453 and 454 of I.P.C.
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2. It is submitted by counsel for the petitioners that the parties have entered into a compromise. Counsel further submits that in view of the compromise, both the parties jointly filed an application before the trial Court for compounding the offences under Sections 427, 447, 453 and 454 of I.P.C. The court below compounded the offence under Section 427 & 447 of I.P.C. but as offence under Section 453 & 454 of I.P.C. is non-compoundable, the same is not compounded.
3. The complainant alongwith his counsel present in court has not disputed this fact that they have entered into a compromise and they are living together peacefully.
4. Considering the facts and circumstances of the present case as also looking to the nature of dispute between the petitioners and the complainant and the fact that the parties have entered into a compromise, this criminal misc. petition is allowed and the offences under Sections 453 & 454 of I.P.C. are compounded and the proceedings pending before the Court of Additional Civil Judge and Metropolitan Magistrate No.14, Jaipur Metropolitan in Criminal Case No.396/2018 titled as State Vs. Bachhan Singh & Ors are hereby quashed.
5. The stay application also stands disposed of.
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