Allowed

Kailash v. State of Rajasthan

Rajasthan HC3 Jul 2024CRLMP/2609/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan quashed criminal proceedings under Section 380 IPC after a compromise between the parties. While the trial court dismissed the petition due to the offence being non-compoundable, this Court exercised its inherent powers under Section 482 Cr.P.C. to quash the FIR and stay proceedings.

What did the court decide?

Criminal Regular Case No.2626/2015 pending before the Metropolitan Magistrate, Jodhpur, is quashed; stay petition and interlocutory applications disposed of.

Kailash Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JD:26866]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2609/2024

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Kailash S/o Shri Mangi Lal Alias Chimna Ram, Aged About 52 Years, B/c Jat, R/o Village Khangta Tehsil Bhopalgarh Dist. Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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Bhaga Ram S/o Shri Maga Ram, R/o Nadri Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE ARUN MONGA

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Order

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03/07/2024

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Petitioner seeks quashing of criminal proceedings in Criminal Regular Case No.2626/2015 pending before the learned Metropolitan Magistrate, No.5, Jodhpur Metropolitan arising out of FIR No.23/2010 dated 28.01.2010 registered at P.S. Mandor, Jodhpur for the offence punishable under Section 380 IPC on the basis of compromise arrived between the parties.

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On 28.01.2010, the respondent-complainant No.2 submitted a written police complainant alleging inter-alia that on 25.01.2010 his briefcase and ATM card were found missing. Upon inquiring from his bank, he came to know that during the period from 21.01.2010 to 25.01.2010 someone had withdrawn Rs.1,60,000/-. Some gold ornaments of his wife were also missing. Police complaint led to registration of the FIR. The police, after

[2024:RJ-JD:26866]

[CRLMP-2609/2024]

(2 of 3)

investigation, fled charge-sheet for the offence under Section 380 IPC.

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Learned counsel for the petitioner submits that during the pendency of the criminal case, the petitioner and the respondent No.2-complainant with the intervention of the prominent persons of the society, have entered in a written compromise dated 07.02.2024. An application for the compromise was filed before the learned trial Court and the learned trial court, vide order dated 07.02.2024, dismissed the application on the ground that the offence under Section 380 IPC is not compoundable.

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On a Court query, learned Public Prosecutor accepts the factum of compromise arrived between the parties. 5. It is borne out from the order dated 07.02.2024 passed by the learned trial Court that compromise has indeed been arrived. The genuineness thereof is not in dispute. However, since the trial Court was not empowered to compound certain offences, the proceedings were not quashed. In the premise, in the larger interest of justice, invoking inherent powers vested with this Court under Section 482 Cr.P.C. it is deemed expedient to quash the criminal proceedings in Criminal Regular Case No.2626/2015. Reference in this context may be had to judgment rendered in the case of Gian Singh Vs. State of Punjab & Anr. [(2012) 10 SCC 303].

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Consequently, the instant petition is allowed. The criminal proceedings in Criminal Regular Case No.2626/2015 pending in the court of learned Metropolitan Magistrate, No.5, Jodhpur Metropolitan arising out of FIR No.23/2010, P.S. Mandore, Jodhpur are hereby quashed.

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(3 of 3) [CRLMP-2609/2024]

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[2024:RJ-JD:26866]

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7, Stay petition and all interlocutory applications also stand

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disposed of.

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(ARUN MONGA),J

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31-skm/-

Kailash v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kailash v. State of Rajasthan

Case brief

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What did the court decide?

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