Allowed

Man Singh S/O Mohar Singh, v. Chandrabhan S/O Shri Roop Singh

Rajasthan HC14 Dec 2022CRLMP/10813/2022

Case brief

AI extract

What is this about?

Petitioner sought quashing of criminal trial under Section 482 Cr.P.C. after a compromise with the complainant. The High Court, relying on Gian Singh, allowed the petition and quashed proceedings due to the settlement, despite some charges being strictly non-compoundable.

What did the court decide?

Criminal proceedings in criminal case No. 723/2020 are quashed qua the petitioner. Stay application is disposed of.

Man Singh S/O Mohar Singh, Vs Chandrabhan S/O Shri Roop… — Quashing and FIR | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 10813/2022

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Man Singh S/o Mohar Singh, Aged About 23 Years, R/o Ward Number 3, Kajodi Mohalla, Kherli, P.s. Kherli, District Alwar (Rajasthan).

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----Petitioner

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Versus

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Chandrabhan S/o Shri Roop Singh, Aged About 21 Years, R/o Ward Number 4, P.s.kherli, Dist. Alwar.

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----Respondent

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For Petitioner(s) : Mr. Anupam Sharma For Respondent(s) : Mr. Mahendra Meena, PP Mr. Brijesh Kumar Bhardwaj

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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14/12/2022

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By way of filing this petition under Section 482 Cr.P.C, petitioner has approached this Court with a prayer to quash the proceedings pending before the Court of Judicial Magistrate, Kherli-Mandi, District Alwar in criminal case No.723/2020 for the offences punishable under Sections 420, 467, 468, 471 and 120-B of IPC, mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.

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The brief facts are that on a complaint filed by the complainant-respondent, the petitioner is facing trial for the aforesaid offences before the trial Court.

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During the course of trial, both parties have filed an application under Section 320 Cr.P.C. for compounding of offences,

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(2 of 2)

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[CRLMP-10813/2022]

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but the trial Court partly allowed the application by observing that Section 467, 468 and 471 IPC are not compoundable.

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In these circumstances, the petitioner has approached this Court by way of this petition to quash the aforesaid criminal proceedings pending before the trial Court on the ground that the parties have resolved their dispute.

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Learned counsel for the complainant accepts the factum of compromise and he has no objection, if the instant petition is allowed and the proceedings pending against the petitioner before the trial Court are quashed.

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On considering the statements made on behalf of respective counsels and on perusing material available on record, this Court considered the factum of compromise and looking to the fact that the case is covered by the principles laid down by the Hon’ble Apex Court in the case of Gian Singh vs. State of Punjab and anr. reported in 2012 (10) SCC 303 , the criminal proceedings are liable to be quashed in view of the compromise arrived at between the parties.

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In view of the above, instant petition is allowed and criminal proceedings in criminal case No.723/2020 are quashed qua the petitioner.

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Stay application, if any also stands disposed of.

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(ANOOP KUMAR DHAND),J

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HEENA GANDHI /76

Man Singh S/O Mohar Singh, v. Chandrabhan S/O Shri Roop Singh

Case brief

What is this about?

What did the court decide?

Man Singh S/O Mohar Singh, v. Chandrabhan S/O Shri Roop Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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