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2022 DIGILAW 2109 (RAJ)

Kailash v. State Of Rajasthan

2022-07-25

DINESH MEHTA

body2022
JUDGMENT Dinesh Mehta, J. - 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 order dated 13.01.2020 passed by learned Additional Sessions Judge, Shahpura, District Bhilwara in Criminal Case No. 129/2005 whereby the petitioners have been convicted for the offences punishable under Sections 148, 447/149, 323/149, 324/149 and 325/149 and 326/149 of IPC mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them. 2. The brief facts are that on the First Information Report lodged by the complainant-respondent No. 2, after investigation charge-sheet for the aforesaid offences was filed against the accused-petitioners and on that basis aforesaid criminal proceedings in Case No. 129/2005 were initiated. 3. After framing of the charges, the learned trial Court vide judgment and order dated 13.01.2020 acquitted the petitioners for the offence under Section 147 of IPC but convicted and sentenced them for the offences under Sections 148, 447/149, 323/149, 324/149 and 325/149 and 326/149 of IPC. 4. Aggrieved by the judgment dated 13.01.2020, the petitioners have preferred the criminal appeal before the learned Additional Sessions Judge, Shahpura, District Bhilwara. 5. During pendency of the appeal, both the parties filed a joint application dated 07.12.2021 before the learned Appellate Court to permit compounding of the aforesaid offences on the ground of compromise. 6. Pursuant to said application, the matter was placed before the National Lok Adalat Bench (First), Shahpura, Bhilwara. Learned Lok Adalat partly allowed the application and permitted to compound the offence under Section 447/149, 323/149, 324/149 and 325/149 of IPC per viam order dated 11.12.2021 and acquitted the petitioners but the prayer in respect of offence under Section 148 and 326/149 of IPC was refused, as the same is not compoundable and has kept the appeal pending of the petitioners for the aforesaid offences. 7. In these circumstances, the petitioners have approached this Court by way of this petition to quash the conviction vide order dated 13.01.2020 in Criminal Case No. 129/2005 on the ground that the parties have resolved their dispute. 8. Learned counsel for the complainant submits that the complainant has no objection if the conviction order dated 13.01.2020 is quashed. 9. 7. In these circumstances, the petitioners have approached this Court by way of this petition to quash the conviction vide order dated 13.01.2020 in Criminal Case No. 129/2005 on the ground that the parties have resolved their dispute. 8. Learned counsel for the complainant submits that the complainant has no objection if the conviction order dated 13.01.2020 is quashed. 9. 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 order dated 13.01.2020 is quashed. 10. 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 v. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. v. Choudhary Bhajan Lal & Ors. [ AIR 1992 SC 604 ], and the impugned conviction order is liable to be quashed in light of the compromise arrived at between the parties although the offences are not compoundable. 11. In view of the above, this criminal misc. petition is allowed and the impugned order dated 13.01.2020 passed by learned Additional Sessions Judge, Shahpura, District Bhilwara in Criminal Case No. 129/2005 is quashed and set aside. Consequence to follow. 12. The stay application also stands disposed of.