Sonvati @APPELLANT@Hash State of Rajasthan & Ors

By this common order, S.B. Criminal Miscellaneous (Petition) No.4687/2018 preferred by Sonvati and Others Vs. State and another, as well as, S.B.

Criminal Miscellaneous (Petition) No.4649/2018 instituted by Prabhu Dayal Bairwa and Others Vs. State and Others, shall be decided together.

Petitioners and complainant to both these petitions are residence of the same locality. Regarding the same incident, case and cross-case were

registered.

In S.B. Criminal Miscellaneous (Petition) No.4687/2018 preferred by Sonvati and Others and S.B. Criminal Miscellaneous (Petition) No.4649/2018

quashing of F.I.R. No.444/2010 and F.I.R. No.409/2010, both registered at Police Station Mansarovar, Jaipur is prayed for.

The learned counsel appearing for the parties have contended that since the parties are residing in the same vicinity and the dispute has been amicably

resolved, therefore, the parties have decided to bury their hatchet, to bring an end to bad blood between them.

Mr. Amitabh Jatav, learned counsel appearing for the petitioners in S.B. Criminal Miscellaneous (Petition) No. 4687/2018, has submitted that the

compromise was presented before the Court of Metropolitan Magistrate, No.20, Jaipur Metropolitan Jaipur. The said Court accepted the compromise,

qua offences punishable under Sections 323 and 447 I.P.C. being compoundable, but rejected the same, qua offence punishable under Section 324

I.P.C. on the ground that the same is non-compoundable.

The order dated 27.06.2018 passed by the Court of Magistrate in case/F.I.R. No.444/2010 is reproduced herein below :-

“ 27-06*-2018

,ihvks mi0A vfHk-x.k lksuorh] vuq0A lqeu] jktsUnz] gjhpj.k o ehjk nsoh e; vf/k0 Jh eks- Qk:[k vYoh mi0A vfHk- ehjk dh vksj ls vf/k0 Jh lquhy mi0A

mHk; i{k esa vkilh lgefr ls jkthukek isâ€k fd;k /kkjk 323] 447 vkbZihlh dkfcys jkthukek gksus ls mDr /kkjkvksa esa i`Fkd ls rLnhd fd;k x;kA 324

vkbZihlh esa fopkj.k 'ks""k gSA i=koyh fnukad 30-06-2018 dks isâ€​k gksA.â€​

Similarly, compromise in respect of case/F.I.R. No.409/2010 registered at Police Station Mansarovar, Jaipur was also presented before the trial Court

and the trial Court accepted the compromise on 27.06.2018, qua offences punishable under Sections 323 and 341 I.P.C. but rejected the same, qua

offences punishable under Sections 452, 147, 148 and 149 I.P.C. on the ground that the said offences are noncompoundable.

The order dated 27.06.2018 passed by the Metropolitan Magistrate, No.20, Jaipur Metropolitan, Jaipur, in case/F.I.R. No.409/2010 is reproduced

herein below :-

“ 27-06-2018

, ih vks mi-A vfHk-x.k izHkwn;ky] jkefdâ€ku] gjhjke] vfuy] nsoh flag] vkse izdkâ€k] mEesn flag o jkeHkjkslh e; vf/k- Jh fgrsâ€k jkgh mi0A mHk; i{k

us vkilh lgefr ls jkthukek izk0 i= isâ€k fd;kA /kkjk 323] 341 vkbZ ih lh dkfcys jkthukek gksus ls mDr /kkjk esa jkthukek gksus ls i`Fkd ls rLnhd fd;k x;k]

'kkfey jgsA vfHk-x.k dks mDr /kkjkvksa esa c:, jkthukek nks""keqDr fd;k tkrk gA /kkjk 452] 147] 148] 149] vkbZ ih lh esa fopkj.k 'ks""k gSA i=koyh

fnukad 30-06-2018 dks isâ€​k gksA vfrfjDr flfoy U;k;k/khâ€​k] egkuxj eftLVsªV] Øe&20] t;iqjA.â€​

The parties are present in person before this Court. They have been identified by their respective Counsel.

The ld. counsel appearing for the parties have vouchsafed the factum of compromise affected between the parties.

Counsel appearing for the parties submitted that since the parties have decided to promote everlasting peace, amity and harmony and, therefore,

dispute which is essentially private in nature stands resolved.

Counsel appearing for the respective parties have jointly prayed that since the dispute has been amicably resolved, the criminal case pending between

the parties as well as impugned F.I.R. be quashed.

It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while exercising its inherent

jurisdiction under Section 482 Cr.P.C. can quash the proceedings even qua non-compoundable offences.

Relying upon the case of Gian Singh Vs. State of Punjab & Another [(2012) 10 S.C.C. 303], learned counsel for the parties have pleaded that this

Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. ought to quash the criminal proceedings, which have been amicably resolved.

Considering the fact that parties have amicably resolved their dispute, the principle established by the Apex Court in the case of Gian Singh [supra]

and in the interest of justice, this Court, hereby, quashes impugned First Information Report Nos.444/2010 and F.I.R. No.409/2010, both registered at

Police Station Mansarovar, Jaipur, along with all subsequent proceedings.

Resultantly, both the petitions are allowed.

Let a copy of this order be placed in the connected petition.