S.B. Criminal Misc. Petition No. 177/2017. Case: Bhawani Singh and Ors. Vs State of Rajasthan and Ors.. Rajasthan High Court

Case Number:S.B. Criminal Misc. Petition No. 177/2017
Party Name:Bhawani Singh and Ors. Vs State of Rajasthan and Ors.
Counsel:For Appellant: Sheetal Kumbhat, Adv. and For Respondents: V.S. Rajpurohit, P.P.
Judges:Vijay Bishnoi, J.
Issue:Arms Act, 1959 - Sections 27, 3; Code of Criminal Procedure, 1973 (CrPC) - Sections 320, 482; Indian Penal Code 1860, (IPC) - Sections 308, 323, 34
Judgement Date:February 03, 2017
Court:Rajasthan High Court
 
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Judgment:

Vijay Bishnoi, J.

  1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners with the prayer for quashing the entire criminal proceedings of Sessions Case No. 04/2016 pending against them before the Addl. Sessions Judge, Jaitaran (hereinafter referred to as 'the trial court').

  2. The petitioners are facing trial in the aforesaid sessions case for the offences punishable under Sections 323, 308/34 IPC and Section 3/27 of the Arms Act. During the course of trial, the petitioners as well as the complainant respondent No. 2 have submitted an application before the trial court for compounding the aforesaid offences, however, the trial court vide order dated 28.11.2016 has compounded the offence punishable under Section 323 IPC but refused to compound the offences punishable under Sections 308/34 IPC and Section 3/27 of the Arms Act on the ground that the same are not compoundable.

  3. Learned counsel for the petitioner has submitted that the dispute between the petitioners and the respondent No. 2 has already been amicably settled through compromise and on the basis of it, the trial court has already compounded the offence punishable under Section 323 IPC. It is contended that the statement of the complainant has already been recorded before the trial court as P.W. -2, wherein, he has not supported the prosecution story and turned hostile. It is also contended that in the said statement, the complainant has specifically stated that he did not identify those persons, who fired gun shot at the time of incident.

  4. Learned counsel for the petitioner has submitted that since the matter has been compromised between the parties and the complainant himself has not supported the prosecution story during the course of trial, there is remote possibility of conviction of the petitioners and therefore the proceedings of Sessions Case No. 04/2016 pending in the court of Addl. Sessions Judge, Jaitaran against the petitioners be quashed and terminated.

  5. The respondent No. 2 is represented through his counsel Mr. Aklavya Bhansali, who has also submitted that now the matter between the petitioners and the respondent No. 2 has already been amicably settled and he has no objection if the criminal proceedings pending against the petitioners are quashed.

  6. Along with this criminal misc. petition, a sworn affidavit of the complainant respondent No. 2 has also been filed, wherein, it is stated that the matter has now been...

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