Research › Search › Judgment

Rajasthan High Court · body

2014 DIGILAW 49 (RAJ)

Harphool Singh v. State of Raj.

2014-01-03

NISHA GUPTA

body2014
JUDGMENT : - This Petition has been filed under Section 482 Cr.P.C. against the order dated 22.11.2013 passed by the Judl. Magistrate (JD) no.19 Jaipur Mahanagar, Jaipur in Criminal case no.367/2011 whereby he declined to attest the compromise for the offence u/ss 147,148,149,453 and 383 IPC. Heard learned counsel for the parties. The petitioners are facing trial before the learned Judl. Magistrate (JD) no. 19 Jaipur Mahanagar, Jaipur in Criminal case no. 367/2011. An application seeking permission from the Court for compounding the offences against the petitioners was filed along with the compromise. Learned Trial Court vide impugned order dated 22.11.2013 accepted the compromise in respect of offence under Section 323 IPC and granted permission to the parties to compound the said offence, but learned Trial Court declined to attest the compromise for offence under Sections 147,148,149,453 and 383 IPC. because as per Section 320 Cr.P.C., said offence is not compoundable. Learned counsel for the petitioners submitted that in view of decisions rendered by the Hon’ble Supreme Court in the case of B.S. Joshi & Others Vs. State of Haryana & Another, (2003) 4 SCC 675 ; Nikhil Merchant Vs. Central Bureau of Investigation & Another, (2008) 9 SCC 677 ; Manoj Sharma Vs. State & Others, (2008) 16 SCC 1 and Gian Singh Vs. State of Punjab & Ors., 2012 Cr.L.R. (SC) 883 : (2012) 10 SCC 303 , the compromise can be accepted while exercising the powers under Section 482 Cr.P.C. Learned counsel for the petitioners submitted that the parties have entered into a compromise in this matter.The parties are also present in the Court and Court directed the Deputy Registrar(Judicial) to verify the compromise. In compliance of the order of the Court, the Deputy Registrar(Judicial) has verified. The Hon’ble Supreme Court in B.S. Joshi (supra), Nikhil Merchant(supra), Manoj Sharma(supra) and Gian Singh(supra) dealing with the similar controversy with reference to exercise of jurisdiction under Section 482 Cr.P.C. has held that even if offence is not compoundable, but to secure interest of justice, the High Court in exercise of its inherent powers can quash the FIR, criminal proceedings or complaint under Section 482 of the Code of Criminal Procedure. In view of above, criminal proceedings in Criminal case no. In view of above, criminal proceedings in Criminal case no. 367/2011 pending before the court of Judl.Magistrate (JD) no.19 Jaipur Mahanagar, Jaipur are quashed in view of the compromise and petitioners are acquitted of the charge u/ss 147,148,149,453 and 383 IPC. The Misc. Petition is allowed as above.