Allowed

Arbaz Son of Shri Shabbir v. State of Rajasthan

Rajasthan HC19 Feb 2024CRLMP/465/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC to quash criminal proceedings before the Juvenile Justice Board arising out of a compromise between accused and complainant after the trial court rejected compounding. The High Court allowed the petition and quashed the proceedings.

What did the court decide?

Criminal proceedings before Juvenile Justice Board No.2, Jaipur in Criminal Case No.165/2023 (FIR No.252/2022) quashed; stay application disposed of.

Arbaz Son of Shri Shabbir Vs State of Rajasthan — Quashing and FIR | Rajasthan HC (2024)

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[2024:RJ-JP:8512]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 465/2024

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Arbaz Son Of Shri Shabbir, Aged About 19 Years, Resident Of 160, Fajal Shah Colony, Char Darwaja, Galtagate, Jaipur, Police Station Subhash Chowk, Jaipur, Through Natural Guardian His Mother Shehnaz W/o Late Shri Shabbir Khan.

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----Petitioner

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Versus

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State Of Rajasthan, Thorough Public Prosecutor

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Sachin Bachhawat Son Of Shri Sampat Mal Bachhawat, Aged About 45 Years, Resident Of C-3, Narupath, Naryan Singh Circle, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Bhanu Prakash Sharma For Respondent(s) : Mr. Sanjeev Mahala, PP Mr. Lalit Gautam

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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19/02/2024

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The petitioner and the complainant are present in person and have been duly identified by their respective counsel.

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By way of this criminal misc. petition under Section 482 Cr.P.C., the accused-petitioner has approached this Court with a prayer to quash the criminal proceedings pending before the Juvenile Justice Board No.2, Jaipur in Criminal Case No.165/2023 for the offences punishable under Sections 457, 380/34 of IPC arising out of FIR No.252/2022 registered at Police Station Manak Chowk, Jaipur City (North) mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.

[CRLMP-465/2024]

[2024:RJ-JP:8512]

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The brief facts are that on the First Information Report lodged by the complainant-respondent, after investigation, charge-sheet for the aforesaid offences was filed against the accused-petitioner and on that basis aforesaid criminal proceedings in Case No.165/2023 were initiated.

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During the trial, both the parties filed an application under Section 320 of Cr.P.C. to permit compounding of the aforesaid offences.

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The trial Court vide its order dated 06.11.2023, rejected the application to compound the aforesaid offences as the same 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 State counsel has placed on record the factual report dated 13.02.2024, according to which, there are no criminal antecedents of the accused-petitioner.

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Learned counsel for the complainant, while accepting the factum of compromise, submits that the complainant has no objection if the proceedings pending against the petitioner before the learned trial court are quashed.

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In view of the aforesaid and considering the submissions made on behalf of the respective parties; absence of criminal antecedents; the material made available for my perusal and as the complainant does not intend to prosecute the petitioner, this Court feels that in order to establish harmony between the

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[2024:RJ-JP:8512]

[CRLMP-465/2024]

petitioner and the complainant and give quietus to the litigation, it would be expedient that the impugned proceedings are quashed. 10. The present case is wholly covered by the principle of law laid down by the Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ] , the criminal proceedings are liable to be quashed in view of compromise arrived at between the parties although the offences are not compoundable.

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In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before the Juvenile Justice Board No.2, Jaipur in Criminal Case No.165/2023 arising out of FIR No.252/2022 registered at Police Station Manak Chowk, Jaipur City (North) are quashed and set aside. Consequence to follow.

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The stay application also stands disposed of.

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(ANIL KUMAR UPMAN),J

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Vikas/403

Arbaz Son of Shri Shabbir v. State of Rajasthan

Case brief

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Arbaz Son of Shri Shabbir v. State of Rajasthan

Case brief

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