VISHWAS BURDAK S/O SHRI RANJEET SINGH BURDAK, v. STATE OF RAJASTHAN

[2024:RJ-JP:26364]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 3306/2024

1. Vishwas Burdak S/o Shri Ranjeet Singh Burdak, Resident Of Vidya Villa, Vivek Colony, Nawalgarh Road, Sikar (Rajasthan).

2. Pankaj Kumar S/o Shri Om Prakash, Resident Of Village Dantujala, Tehsil Laxmangarh, District Sikar (Rajasthan).

3. Dr. Priyanka Burdak D/o Shri Ranjeet Singh Burdak, Resident Of Vidya Villa, Vivek Colony, Nawalgarh Road, Sikar (Rajasthan).

4. Smt. Vidya Devi W/o Shri Ranjeet Singh Burdak, Resident Of Vidya Villa, Vivek Colony, Nawalgarh Road, Sikar (Rajasthan).

5. Ranjeet Singh Burdak S/o Shri Bacchan Singh, Resident Of Vidya Villa, Vivek Colony, Nawalgarh Road, Sikar (Rajasthan).

----Petitioners

Versus

1. State Of Rajasthan, Through The Public Prosecutor.

2. Dr. Pooja Choudhary D/o Shri Mahaveer Choudhary, Resident Of Hawai Patti Circle, Jhunjhunu At Present Resident Of Plat No. S-2, West Shree Balaji Residency New Ghandipath, Lalpura, Road, Ayodhya Nagar, Jaipur (Rajasthan).

----Respondents

For Petitioner(s) : Mr. Hemant Gajraj For Respondent(s) : Mr. M.K. Sheoran, PP Mr. Neeraj Sharma, for complainant

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

31/05/2024

1. By way of this criminal misc. petition under Section 482 Cr.P.C., the accused-petitioners have approached this Court with a prayer to quash the proceedings pending before the learned

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Additional Chief Metropolitan Magistrate No.5, Jaipur Metropolitan- II in Criminal Case No.08/2021 for the offences punishable under Sections 323, 354 & 452/34 of IPC & Section 67 of I.T. Act arising out of FIR No.30/2020 registered at Police Station Karni Vihar, District Jaipur (West) mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.

3. 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.08/2021 were initiated.

4. During the trial, both the parties filed an application for compounding the offences stating therein they have entered into compromise.

5. The trial Court partly allowed the application and permitted to compound the offence under Section 323 of IPC vide order dated 13.05.2024 but the prayer in respect of other offences was refused, as the same are not compoundable.

6. In these circumstances, the petitioners have 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.

7. Learned counsel for the complainant, while accepting the factum of compromise, submits that the complainant has no objection if the proceedings pending against the petitioners are quashed.

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8. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal and considering that the incident took place out of sudden scuffle between the petitioners and the complainant, this Court feels that in order to establish harmony between the petitioners and the complainant and give quietus to the litigation, it would be expedient that the impugned proceedings are quashed.

9. 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.

10. In view of the above, this criminal misc. petition is allowed and the criminal proceedings pending before the learned Additional Chief Metropolitan Magistrate No.5, Jaipur Metropolitan- II in Criminal Case No.08/2021 for the offences punishable under Sections 323, 354 & 452/34 of IPC & Section 67 of I.T. Act are quashed and set aside. Consequence to follow.

11. The stay application also stands disposed of.

(ANIL KUMAR UPMAN), J

CHARU SONI /590

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