MANSHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 528 BNSS has been filed by the petitioners for quashing the criminal proceedings i.e. Cr.Case No. 114/2016 pending before the Court of learned Chief Judicial Magistrate, Barmer arising out of FIR No. 60/2015 dtd. 3/3/2015 lodged at P.S. Sadar Barmer, District Barmer.

(2.) Learned Counsel for the petitioners submitted that the complainant respondent No. 2 Gordhan Ram lodged a complaint before the learned Trial Court against the petitioners alleging inter-alia that the petitioner Manshi Ram submitted his nomination for contesting the election of Sarpanch on the basis of false and fabricated documents. After investigation, police filed charge-sheet against the petitioner No. 1. The competent Criminal Court has thereafter framed charges against the petitioner No. 1 for the offences punishable under Ss. 420, 467, 468, 471 and 120-B, 193, 197, 198, 199 and 200 IPC. Learned Counsel further contended that during pendency of the trial against the petitioners, an application was preferred on behalf of the petitioners as well as respondent No. 2 stating therein that both the parties have entered into a compromise and therefore, the criminal proceedings pending against the petitioners may be terminated.

(3.) The learned Trial Court vide order dtd. 11/3/2025 allowed the parties to compound the offence punishable under Sec. 420 IPC, however refused to attest the remaining offences as the same are not compoundable.