Allowed

Shri Dinesh Chaudhary S/O Shri Lakshmanram, v. State of Rajasthan

Rajasthan HC15 Dec 2022CRLMP/10827/2022

Case brief

AI extract

What is this about?

This court quashed criminal proceedings against the petitioner in a case involving offences under Section 279 IPC and the Motor Vehicles Act. Relying on the Gian Singh precedent, the court held that the settlement between parties warrant quashing despite the non-compoundability of certain charges.

What did the court decide?

Criminal case No.646/2021 pending before the Court of Judicial Magistrate No.4, District Ajmer is quashed and set-aside.

Shri Dinesh Chaudhary S/O Shri Lakshmanram, Vs State of… — 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. 10827/2022

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Shri Dinesh Chaudhary S/o Shri Lakshmanram, Aged About 22 Years, R/o Village Mokhampura, Police Station Rupangarh, District Ajmer (Raj).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Tara Rawat W/o Pratap Singh Rawat, R/o Javahar Colony, Parbatpura, Adarsh Nagar, District Ajmer (Raj).

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Anand Singh Rawat S/o Pratap Singh Rawat, R/o Javahar Colony, Parbatpura, Adarsh Nagar, District Ajmer (Raj).

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----Respondents

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For Petitioner(s) : Mr. P.S. Rajawat, Adv. For Respondent(s) : Mr. Dharmendra Meena, PP Mr. Pushpendra Singh, Adv.

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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15/12/2022

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By way of this criminal miscellaneous petition under Section 482 of Cr.P.C., accused petitioner has knocked the doors of this Court with a prayer to quash the criminal proceedings pending before the Court of Judicial Magistrate No.4, District Ajmer in criminal case No.646/2021 for the offences under Section 279 of IPC and under Section 134/187 of Motor Vehicles Act only on the ground that the parties have entered into a compromise by which they have settled their dispute amicably and now, no dispute remains pending between the parties.

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The facts in brief are that on the first information report lodged by the complainants-respondents against the petitioner

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(2 of 3)

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[CRLMP-10827/2022]

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and after investigation, charge-sheet has been submitted for the offences mentioned in the charge-sheet against the petitioner and on the basis of aforesaid, criminal proceedings in criminal case No.646/2021 were initiated.

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During the pendency of the trial, both the parties have filed an application under Section 320 of Cr.P.C., to permit compounding of the offences mentioned in the charge-sheet. The trial court partly allowed the application and permitted the parties to compound the offences under Sections 337 & 338 of IPC, but the prayer in respect of offence under Section 279 of IPC & under Section 134/187 of the Motor Vehicles Act was refused, as the same are not compoundable.

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Under these circumstances, the petitioners has approached this Court by way of filing this petition to quash the criminal proceedings pending before the trial court on the ground that the parties have resolved their dispute amicably by the said compromise.

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On consideration of the submissions made on behalf of the respective parties and the material made available for perusal of this Court as well as considering the fact that the parties have resolved their dispute.

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Instant case is wholly covered by the principles laid down by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 , hence the criminal proceedings are liable to be quashed and set-aside in view of the compromise arrived at between the parties.

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In view of the above, this criminal miscellaneous petition is allowed and the criminal proceedings pending against the

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(3 of 3)

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[CRLMP-10827/2022]

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petitioner before the Court of Judicial Magistrate No.4, District Ajmer in criminal case No.646/2021 are quashed and set-aside. Stay application stands disposed of.

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(ANOOP KUMAR DHAND),J

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Pravesh/74

Shri Dinesh Chaudhary S/O Shri Lakshmanram, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Shri Dinesh Chaudhary S/O Shri Lakshmanram, v. State of Rajasthan

Case brief

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What did the court decide?

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