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2025 DAILYLAW 34930 (RAJ)

BHURI DEVI W/O GANGARAM v. STATE OF RAJASTHAN

CRLMP/8514/2024 · 2025-01-07

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:976] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8514/2024 Bhuri Devi W/o Gangaram, Aged About 50 Years, R/o Mohan Colony, Dholpur District Dholpur Rajasthan ----Petitioner Versus 1. State of Rajasthan, Through Public Prosecutor 2. Ramvilas S/o Dariyab Singh, Aged About 67 Years, R/o Village Veerpur Police Station Basaidang District Dholpur ----Respondents For Petitioner(s) : Mr. Sachin Kumar For Respondent(s) : Mr. Vivek Choudhary, PP Mr. Rajesh Sharma JUSTICE ANOOP KUMAR DHAND Order 07/01/2025 1. The instant misc. petition has been preferred for quashing of the proceedings of Criminal Case No. 69/2012(1007/2013) pending before the Court of Chief Judicial Magistrate No.2, Badi, District Dholpur for the offence(s) under Section(s) 420, 467, 468 & 471 IPC. 2. It is stated at Bar that the compromise arrived at between the parties and it is borne out from the compromise that the complainant is not inclined to proceed further in the present matter. 3. Learned counsel for the parties have placed reliance on the decision of the Hon’ble Apex Court in the cases of Gian Singh Vs. State of Punjab & Anr. reported in (2012) 10 SCC 303 & [2025:RJ-JP:976] (2 of 2) [CRLMP-8514/2024] State of Madhya Pradesh Vs. Laxmi Narayan & Ors., reported in (2019) 5 SCC 688. 4. It is also submitted that the Trial Court has verified the compromise vide order dated 26.05.2015 to the extent of the offence under Section 420 IPC and discharged the petitioner from the charge under Section 406 IPC. However, the Trial Court has declined to verify the compromise as regards to the remaining offences under Section(s) 467, 468 & 471 IPC as these offences are not compoundable. 5. Learned counsel for the parties are in agreement that the dispute between the parties is purely a civil dispute which has been amicably settled and the complainant does not want to pursue the matter against the petitioner. 6. In view of the aforesaid compromise arrived at between the parties as well as the order dated 26.05.2015, passed by the Trial Court and also applying the principles laid down by the Apex Court in the case of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and appropriate to invoke the inherent powers conferred under Section 528 B.N.S.S. and discharge the petitioner from the charge under Sections 467, 468 & 471 IPC in Criminal Case No. 69/2012(1007/2013). 7. Accordingly, this criminal misc. petition is allowed. The petitioner is discharged from all the above charges. 8. Stay application and all pending applications, if any, disposed of. (ANOOP KUMAR DHAND),J Garima/190