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2025 DAILYLAW 42023 (RAJ)

OMPAL SINGH S/O SH. DHUDSINGH v. STATE OF RAJASTHAN

CRLMP/6732/2025 · 2025-10-17

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:42803] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6732/2025 1. Ompal Singh S/o Sh. Dhudsingh, Aged About 50 Years, R/o Juliyasar, Police Station Nechhwa, District Sikar (Raj). 2. Mangu Singh S/o Sh. Bhopal Singh, R/o Juliyasar, Police Station Nechhwa, District Sikar (Raj). 3. Anoop Singh @ Bodhu Singh S/o Sh. Moti Singh, R/o Juliyasar, Police Station Nechhwa, District Sikar (Raj). ----Accused/Petitioners Versus 1. State Of Rajasthan, Through Public Prosecutor. ----Non-Petitioner 2. Sampta Kumar @ Boduram S/o Madan Lal, Through Its Legal Heir Kushal ( Victim) R/o Juliyasar, P.s. Nechhwa, Sikar. ----Complainant/Respondent For Petitioner(s) : Mr. Rajendra Prasad Gautam For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rajneesh Gurjar HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 17/10/2025 Learned counsel for the petitioners confines this criminal miscellaneous petition qua quashing of the Criminal Case No.567/2017. This criminal miscellaneous petition has been filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 for quashing the proceeding against the petitioner in Criminal Case No.567/2017: State Vs. Mangu Singh and Others pending in the Court of learned Judicial Magistrate, Laxmangarh, District Sikar (for brevity, ‘learned trial Court’). Learned counsel for the petitioners, inviting attention of this Court towards the order dated 21.04.2025 passed by the learned trial Court, would submit that the dispute of trivial nature [2025:RJ-JP:42803] (2 of 2) [CRLMP-6732/2025] between the parties, who are residents of the same village, has been compromised and the same has been verified qua Sections 323 and 342 IPC being compoundable; but, declined to do so qua Sections 147, 149 and 324 IPC being non-compoundable. He, therefore, prays that in view of compromise, the criminal proceeding pending against the petitioners under Sections 147, 149 and 324 IPC before the learned trial Court be quashed and set aside. Learned counsel for the respondent no.2/complainant, acknowledging the factum of compromise between the parties, submits that he has no objection if the criminal miscellaneous petition is allowed. Learned Public Prosecutor opposes the prayer. Heard. Considered. Taking into consideration the contentions advanced at Bar, the nature of dispute being trivial, order of the learned trial Court dated 21.04.2025 and the judgment of Hon’ble Supreme Court of India in the case of Gian Singh vs. State of Punjab and Others: (2012) 10 SCC 303, this Court deems it just and proper to allow this criminal miscellaneous petition. Resultantly, the criminal miscellaneous petition is allowed and the proceeding in Criminal Case No.567/2017 under Sections 147, 149 and 324 of IPC pending in the Court of learned Judicial Magistrate is quashed and set aside. Pending application(s), if any, also stands disposed of accordingly. (MAHENDAR KUMAR GOYAL),J PRAGATI/54