Rajasthan High CourtRaju Urf Rajesh vs State Of Rajasthan And Anr on 1 August, 2013Author:R.S.ChauhanBench:R.S.ChauhanIN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
ORDER

SB CRIMINAL MISC. PETITION NO.2697/2013
(Raju @ Rajesh  Vs.  State of Raj. & Anr.)

Date of Order :- 01.08.2013                                                 

		  HON'BLE MR. JUSTICE R.S.CHAUHAN

Mr. Girish Khandelwal, for the petitioner.Mr. J.R. Bijarnia, PP for the State.Mr. Mahesh Gautam, for the respondent No.2.Raju @ Rajesh, the accused-petitioner, and Khemchand, the complainant-respondent No.2, are present before this court. They have been identified by their respective counsel.Mr. Khemchand, the complainant, informs this court that a dispute had erupted between him and Raju @ Rajesh, and others with regard to offence underSections 323,147,447,435IPC. But during the course of trial, he has entered into a compromise with all the accused persons. He no longer wishes to pursue the criminal proceedings against them. According to him, they had submitted a compromise deed before the learned trial court. While the learned trial court has compounded the offence underSection 323IPC, it has refused to do so for offences underSections 147,447,435IPC.The learned counsel for the petitioner has pleaded that in the case ofGian Singh Vs. State of Punjab & Anr.[2012(9) SCC 427], the Hon'ble Supreme Court has opined that in case the offence happens to be more of a private nature, rather than a pubic one, and in case the parties were to compromise their differences, then this court, in its inherent jurisdiction, can quash the criminal proceedings even for the non-compoundable offence and acquit the accused person. According to him, the offence committed by the petitioner was more of a private nature. Moreover, now the parties have comprised their disputes. Therefore, continuation of criminal proceedings in the present matter would tantamount to the abuse of the process of law and  of the court.The learned counsel for the complainant has not challenged the stand taken by the learned counsel for the petitioner.Considering the fact that the parties have compromised their differences, considering the statement given by Mr. Khemchand, the complainant, that he does not wish to pursue the criminal proceedings against the present petitioner, considering the principleslaid down bythe Apex Court in the case ofGian Singh(supra), this court quashes the criminal proceedings pending before the  Chief Judicial Magistrate, Alwar in the form of Criminal Case No.155/03 (129/01, old number) qua the petitioner, Raju @ Rajesh S/o. Sheonath, and discharges him for the offences underSections 147,447,435IPC and acquits him of the said offences.The petition is disposed of accordingly. The stay application is also disposed of.[R.S. Chauhan] J.GS
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.Govind Sharma, PA