Sumant Meena @APPELLANT@Hash State of Rajasthan & Ors

Instant petition has been preferred under Section 482 Cr.P.C. seeking quashing of impugned F.I.R. No.218/2007 registered at Police Station Mahesh

Nagar, Jaipur for offences punishable under Sections 452, 341, 323, 504, 427 and 143 I.P.C.

The learned counsel appearing for the petitioners has submitted that subsequently, offence punishable under Section 324 I.P.C. was added.

In the alleged occurrence, Bhagwan Sahay had received injuries. An F.I.R. was lodged by his brother â€" Hanuman Sahay.

In the present case, quashing of impugned F.I.R., along with all subsequent proceedings has been sought on the basis of the compromise, as it is

submitted that the dispute has been amicably resolved and the parties have decided to promote everlasting peace, amity and harmony.

Complainant â€" Hanuman Sahay is present in person before this Court, along with his brother â€" injured Bhagwan Sahay. Both, complainant â€

Hanuman Sahay and Bhagwan Sahay have been identified by their Counsel - Mr. Amit Mundia.

Counsel appearing for the respondents has vouchsafed the factum of compromise affected between the parties.

Counsel appearing for the petitioners has submitted that compromise was presented before the trial Court. The trial Court, vide order dated 14.08.2018

accepted compromise, qua offences punishable under Sections 323/34, 504, 341 and 427 I.P.C., as said offences are compoundable. However, said

compromise was rejected, qua offences punishable underSections 452 and 324/34 I.P.C. on the ground that the said offences are non-compoundable.

The order dated 14.08.2018 passed by the trial Court reads as under :-

“14-08-18

,ihvks mifLFkrA vfHk;qDrx.k Lo;a mifLFkr gSA xokg ihMCY;w 1 /keZflag] ihMCY;w AA] Qwypan o ihMCY;w 3 egsUnz flag ds c;ku ys[kc) fd;s

x;As ifjoknh guqekunkl o lt:c Hkxoku lgk; rFkk vfHk;qDrx.k Leear eh.kk] ;ksxsUnz eh.kk o f'ko flag eh.kk us e; vf/koDrk mifLFkr gksdj la;qDr yksd

vnkyr dh Hkkouk ls ,d jkthukek izkFkZuk i= varxZr /kkjk 323@34] 504] 341] 427 Hkkjrh; n.M+ lafgrk dk is'k fd;kA i{kdkj dks jkthukek ile>k;k x;kA i{kdkjku us jkthukek lgh gksuk Lohdkj fd;kA ifjoknh o et:c dks vf/koDrk ohjsUnz dqekj o vfHk;qDrx.k dks vf/koDrk eqds'k pan eh.kk us

igpku fd;kA jkthukek i`Fkd gksuk jkthukek izkFkZuk i= dh iq'r ijr fd;k tkrk gSA vfHk;qDr lqesj dqekj eh.kk] ;ksxsUnz eh.kk o f'ko flag eh.kk dks

jkthukek 323@34] 504] 341] 427 vkbZihlh esa nks""keqDr ?kksf""kr fd;k tkrk gSA vfHk;qDrx.k ij 452 o 324@34] 504] 341] 427 vkbZihlh esa

nks""k;qDr ?kksf""kr fd;k tkrk gSA vfHk;qDrx.k ij 452 o 342@34 vkbZihlh ds vijk/k dk vkjksi dk fopkj.k 'ks""k gSA i=koyh esa xokgu dks i.w kZ vk/kkj

ryc dj i=koyh lk{; iSjoh gsrq fnuakd 20-09-18 dks is'k gksA

,lMh-.â€​

Injured â€" Bhagwan Sahay and Complainant â€" Hanuman Sahay, respondents Nos.2 and 3, present in person have stated that in terms of

compromise arrived at between the parties, they no longer intend to pursue the impugned F.I.R.

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

dispute which is essentially private in nature stands resolved.

Counsel appearing for the petitioners has 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 petitioners has 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 F.I.R. No.218/2007 registered at Police Station Mahesh Nagar, Jaipur for offences

punishable under Sections 452, 341,

323, 504, 427 and 143 I.P.C., along with all subsequent proceedings.

Resultantly, the petition is, hereby, allowed.