Allowed

Dipesh Daiya v. State of Rajasthan

Rajasthan HC15 Jul 2024CRLMP/4508/2024

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed a petition seeking quashing of criminal proceedings involving charges under Sections 279, 304-A IPC and MV Act. Relying on a proven compromise between parties and invoking inherent powers under Section 528 B.N.S.S., the Court quashed the proceedings pending before the A.C.M.M.

What did the court decide?

Criminal proceedings in Case (N.C.V.) No.3701/2021 pending before A.C.M.M. are quashed. Stay petitions and interlocutory applications disposed of.

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

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[2024:RJ-JD:28687]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 4508/2024

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Dipesh Daiya S/o Shri Jawrilal Daiya, Aged About 44 Years, B/c Darji, R/o K-48, Police Choki Ke Piche, Police Thana Pratap Nagar Sadar, Jodhpur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp 2. Shri Poonam Chand S/o Shri Murli Valmikki, Aged About 56 Years, R/o Harijan Basti Ke Pas Ratanada, Jodhpur (Complainant)

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Shrimati Kailashi W/o Shri Om Prakash, Aged About 54 Years, D/o Shri Murli Valmikki, R/o Paanch Batti, Indra Colony, Ratanada, Jodhpur (Injured)

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----Respondents

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For Petitioner(s) : Mr. S.K. Verma For Respondent(s) : Mr. Vikram Sharma, P.P.

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HON'BLE MR. JUSTICE ARUN MONGA

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Order(Oral)

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15/07/2024

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Petitioner seeks quashing of criminal proceedings in Case (N.C.V.) No.3701/2021 pending before the learned A.C.M.M. (CBI Cases), Jodhpur Metro under Sections 337, 338, 279, 304A of IPC and 134/187 of MV Act on the basis of compromise arrived between the parties.

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Learned counsel for the petitioner submits that during the pendency of the criminal case, the petitioner and the complainants have entered in a written compromise. An application for the compromise was filed before the learned trial Court and the learned trial court, vide order dated 03.06.2024, though verified

[2024:RJ-JD:28687]

[CRLMP-4508/2024]

(2 of 2)

the compromise but since offences under Sections 279 & 304-A of IPC and 134/187 of MV Act are not compoundable and thus the application was partly dismissed.

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On a Court query, learned Public Prosecutor accepts the factum of compromise arrived between the parties.

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It is borne out from the order dated 03.06.2024 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 528 B.N.S.S., it is deemed expedient to quash the criminal proceedings in Case (N.C.V.) No.3701/2021. 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 Case (N.C.V.) No.3701/2021 (State Vs. Dipesh Daiya) pending in the court of learned A.C.M.M. (CBI Cases), Jodhpur Metro are hereby quashed.

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Stay petition and all interlocutory applications also stand disposed of.

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(ARUN MONGA),J

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Whether Fit for Reporting – Yes / No

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62-AnilKC/-

Dipesh Daiya v. State of Rajasthan

Case brief

What is this about?

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Dipesh Daiya v. State of Rajasthan

Case brief

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