Allowed¶23

Mahendra S/O Srilal v. State of Rajasthan

Rajasthan HC4 Feb 2025CRLMP/5064/2022

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on compromise/settlement between parties; Lok Adalat-mediated compromise; inherent jurisdiction under Section 528 of B.N.S.S.; offence under Section 354 of IPC; Criminal Case No.1167/2016 before Chief Judicial Magistrate, Karauli; order dated 04.05.2022 quashed; Gian Singh v. State of Punjab (2012 Cr.L.J. (SC) 4934); State of Haryana v. Ch. Bhajan Lal (AIR 1992 SC 604); petition allowed; Rajasthan High Court, Jaipur Bench; CRLMP-5064/2022; [2025:RJ-JP:4854]; Justice Ganesh Ram Meena; decided 04/02/2025.

What did the court decide?

Quashing and setting aside of the proceedings of Criminal Case No.1167/2016 pending before the Chief Judicial Magistrate, Karauli, and of the order dated 04.05.2022. ¶23

Mahendra S/O Srilal Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing and setting aside of the proceedings of Criminal Case No.1167/2016 pending before the Chief Judicial Magistrate, Karauli, and of the order dated 04.05.2022.

¶23

Issue for consideration

Whether the criminal proceedings of Criminal Case No.1167/2016 pending before the Chief Judicial Magistrate, Karauli for offence under Section 354 of IPC, together with the order dated 04.05.2022, should be quashed in view of the compromise arrived at between the parties.

¶13

Ratio / Principle

The Court found that proceedings under Section 354 of IPC are pending against the petitioner before the learned court below (the Chief Judicial Magistrate, Karauli).

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Key takeaways

In view of the compromise arrived at between the parties, further proceedings of the criminal case would be a futile exercise, as there are now bleak chances of the petitioner's conviction.ratio¶21
Having regard to the compromise between the parties and the law laid down by the Hon'ble Apex Court in Gian Singh and Bhajan Lal, this Court held it a fit case to exercise its inherent jurisdiction provided under Section 528 of B.N.S.S.ratio¶22
The criminal misc. petition is allowed; the proceedings of Criminal Case No.1167/2016 pending before the Chief Judicial Magistrate, Karauli and the order dated 04.05.2022 are quashed and set aside.

Detailed headnote1 paragraphs

S.B. Criminal Miscellaneous (Petition) No. 5064/2022, High Court of Judicature for Rajasthan, Jaipur Bench (decided 04/02/2025, Hon'ble Mr. Justice Ganesh Ram Meena): Petitioner Mahendra sought quashing of the criminal proceedings of Criminal Case No.1167/2016, pending before the Chief Judicial Magistrate, Karauli for offence under Section 354 of IPC, and of the order dated 04.05.2022. The complainant had, by application dated 04.05.2022, stated that the parties had entered into a compromise with the mediation of Lok Adalat and requested that proceedings against the petitioner be dropped. Holding that, in view of the compromise, further proceedings would be a futile exercise with bleak chances of conviction, and relying on the law laid down in Gian Singh Vs. State of Punjab & Anr. (2012 Cr.L.J. (SC) 4934) and State of Haryana & Ors. Vs. Ch. Bhajan Lal & Ors. (AIR 1992 SC 604), the Court found it a fit case to exercise its inherent jurisdiction under Section 528 of B.N.S.S., allowed the petition, and quashed and set aside the said criminal proceedings and the order dated 04.05.2022.

¶1

[2025:RJ-JP:4854]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 5064/2022

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Mahendra S/o Srilal, Aged About 24 Years, R/o Village Seeloti Thana Masalpur District Karauli Rajasthan.

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----Petitioner

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Versus

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State of Rajasthan, through P.P.

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Kajal W/o Rajkumar, Aged About 34 Years, R/o Village Seeloti Thana Masalpur District Karauli Rajasthan

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----Respondents

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For Petitioner(s)	: Mr. Ritesh Kumawat
	Ms. Simran Bharti
For Respondent(s)	: Mr. Amit Punia, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA Order

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04/02/2025

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This criminal misc. petition has been filed by the petitioner for quashing the criminal proceedings of Criminal Case No.1167/2016 pending before the Chief Judicial Magistrate, Karauli for offence under Section 354 of IPC so also the order dated 04.05.2022.

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Heard.

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Considered the submissions made by counsel for the petitioner as well as the learned Public Prosecutor.

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On consideration of submissions made by counsel for the petitioner and on perusal of the averments made in the petition and also the documents attached with the petition, this Court finds that the proceedings under Section 354 of IPC are pending against the petitioner before the learned court below.

[2025:RJ-JP:4854]

[CRLMP-5064/2022]

(2 of 2)

The complainant moved an application dated 04.05.2022 stating that the parties with the mediation of Lok Adalat have entered into a compromise and has also requested to drop the proceedings against the petitioner.

¶21

In view of the compromise arrived at between the parties, the further proceedings of the criminal case will be a futile exercise as in view of the compromise there are now bleak chances of his conviction.

¶22

Having regard to the submissions made by the counsel appearing for the parties so also the fact of compromise arrived at between the parties as well as the law laid down by the Hon’ble Ape Court in the cases of Gian Singh Vs. State of Punjab & Anr. (2012 Cr.L.J. (SC) 4934) and State of Haryana & Ors. Vs. Ch. Bhajan Lal & Ors. (AIR 1992 SC 604) , this Court feels that this is a fit case to exercise inherent jurisdiction of this Court provided under Section 528 of B.N.S.S.

¶23

Accordingly, this criminal misc. petition is allowed and the proceedings of Criminal Case No.1167/2016 pending before the Chief Judicial Magistrate, Karauli so also the order dated 04.05.2022 are hereby quashed and set aside.

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(GANESH RAM MEENA),J

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Satyendra/44

Mahendra S/O Srilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra S/O Srilal v. State of Rajasthan

Case brief

What is this about?

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