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2025 DAILYLAW 44475 (RAJ)

LAXMAN NEHRA @ AJAY NEHRA S/O SHRI HARIRAM NEHRA v. STATE OF RAJASTHAN

CRLMP/6856/2025 · 2025-10-30

Anoop Kumar Dhand

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No.6856/2025 Laxman Nehra @ Ajay Nehra S/o Shri Hariram Nehra, Aged About 42 Years, R/o Harsawa Bada, Tehsil Fatehpur Shekhawati, District Sikar, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through P.p. 2. Ramsahai Meena S/o Shri Motiram Meena, R/o Jeevan Vihar Colony, Near Riding Polo Club, Bindayaka, Jaipur, Rajasthan. 3. Rameshwari Devi W/o Ramsahai Meena, R/o Jeevan Vihar Colony, Near Riding Polo Club, Bindayaka, Jaipur, Rajasthan. 4. Pappu Meena S/o Ramsahai Meena, R/o Jeevan Vihar Colony, Near Riding Polo Club, Bindayaka, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Sher Singh Mahla For Respondent(s) : Mr. Amit Gupta, PP Mr. Paras Jain JUSTICE ANOOP KUMAR DHAND Order 30/10/2025 1. By way of filing this criminal misc. petition, a prayer has been made for quashing of criminal proceedings in Sessions Case No.15/2015 against the petitioner before the court of Special Court Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Cases, Jaipur Metropolitan-II. 2. Learned counsel for the petitioner submits that the petitioner was facing trial for the offences punishable under Sections 148, (2 of 3) [CRLMP-6856/2025] 323, 327 and 452 IPC and under Section 3(1)(X) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act and during pendency of the trial, compromise has taken place between the parties and the compromise has been attested by the trial court for the offences under Sections 323 IPC and proceedings have been dropped against him vide order dated 08.09.2025, but the offence under Sections 148, 327 and 452 IPC and under Section 3(1)(X) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act have not been compounded as the same are not compoundable. Learned counsel for the petitioners placed reliance upon the judgments passed by the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab reported in 2012 (10) SCC 303 and The State of Madhya Pradesh vs. Laxmi Narayan reported in 2019 (5) SCC 688. Learned counsel submits that under these circumstances, the proceedings pending against the petitioners under Sections 148, 327 and 452 IPC and under Section 3(1)(X) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act IPC be quashed. 3. Learned counsel for the complainant verifies the factum of compromise and states that now the complainants have no objection in case the petitioner is discharged from the charges under Sections 148, 327 and 452 IPC and under Section 3(1)(X) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act. 4. Heard and considered the submissions made at Bar and perused the material available on the record. 5. Perusal of the record indicates that the trial Court has verified the compromise vide order dated 08.09.2025 to the (3 of 3) [CRLMP-6856/2025] extent of the offence under Section 323 IPC and discharged the petitioner from the charge under Section 323 IPC, however, the trial Court has declined to verify the compromise with regard to the offence under Sections 148, 327 and 452 IPC and under Section 3(1)(X) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act on the ground that the said offence is not compoundable. 6. In view of the aforesaid compromise arrived at between the parties and looking to the fact that the parties have amicably settled the dispute and now the complainant does not want to prosecute the petitioners and also applying the principles laid down by the Hon’ble Apex Court in the cases of Gian Singh (supra) and Laxmi Narayan (supra), this Court deems it just and proper to invoke inherent powers of this Court contained under Section 528 BNSS. 7. Accordingly, the instant criminal misc. petition stands allowed. The petitioner is discharged from the charge under Sections 148, 327 and 452 IPC and under Section 3(1)(X) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act in Sessions Case No.15/2015 pending before the Court of Special Court Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Cases, Jaipur Metropolitan-II. 8. The stay application and all pending applications, if any, stand disposed of. (ANOOP KUMAR DHAND),J Karan/66