Rajasthan High Court
Ramkesh Meena Son Of Soji Lal Meena vs State Of Rajasthan (2024:Rj-Jp:11160) on 4 March, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:11160]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1245/2024
1. Ramkesh Meena Son Of Soji Lal Meena, Aged About 25
Years, Resident Of Village Dhanoogaon, Nainwa, District
Bundi (Raj.) (At Present Confined In Central Jail, Jaipur)
2. Durgesh Meena Son Of Kanhaiya Lal Meena, Aged About
23 Years, Resident Of Kolaheda District Bundi (Raj.) (At
Present Confined In Central Jail, Jaipur)
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Manish Kumar Yadav Son Of Gajraj, Aged About 23 Years,
Resident Of Mirapur Farm Dwarkapura, Police Station
Pragpura, District Jaipur Presently Tenent Kallawala
Chouraha Vatika Road, Police Station Sanganer, District
Jaipur (Raj.)
3. Narendra Kumar Yadav Son Of Shri Ramkunwar Yadav,
Aged About 23 Years, Resident Of Village Tulsipura, Tehsil
Paota, Police Station Pragpura, District Kotputli Behroad
Presently Nursery Residency Second Floor, S-9 Vaishali
Nagar, Jaipur (Raj.)
----Respondents
For Petitioner(s) : Mr. Kailash Chand Meena For Respondent(s) : Mr. M.K. Sheoran, PP Mr. Hari Ram Gurjar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/03/2024
1. The complainant/victim/respondents Nos.2 & 3 are present in person before the Court and they have been duly identified by their respective counsel.
2. By way of this criminal misc. petition under Section 482 of the Code of Criminal Procedure, the accused-petitioners have approached this Court with a prayer to quash the FIR No.95/2024 registered at Police Station Shivdaspura, Jaipur City (South) for the offences punishable under Sections 323, 342, 364-A, 384 & 34 of IPC.
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3. Learned counsel for the petitioners submits that on account of financial dispute between the parties, present FIR has been lodged and now by the intervention of the respectable persons of the society, the petitioners have entered into a compromise with the respondents Nos.2 & 3. The affidavit sworn by the respondents Nos.2 & 3 has been annexed with this petition as Annexure-2. 7.
4. Learned counsel for the petitioner has relied upon the judgment of Hon'ble Apex Court in the case of Shiji @ Pappu & Ors. Vs. Radhika & Anr. reported in (2011) 10 SCC 705.
5. Learned Public Prosecutor and learned counsel for the complainant do not dispute the aforesaid factual position. Learned counsel submits that respondents Nos.2 & 3 are not intending to prosecute the petitioners and they have no objection, if the FIR in question is quashed.
6. In view of the aforesaid and considering the submissions made on behalf of the respective parties; the material made available for my perusal; considering that the parties have resolved their dispute and also finding that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604] and in Shiji @ Pappu & Ors. Vs. Radhika & Anr. (2011) 10 SCC 705, the aforesaid FIR is liable to be quashed in view of compromise arrived at between the parties. (Downloaded on 07/03/2024 at 08:44:51 PM)
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7. In view of the above, this criminal misc. petition is allowed and FIR No.95/2024 registered at Police Station Shivdaspura, Jaipur City (South) is quashed and set aside. The petitioners shall be released from the prison forthwith, if not warranted in any other case.
8. The stay application stands disposed of.
(ANIL KUMAR UPMAN),J 59-Nirmala (Downloaded on 07/03/2024 at 08:44:51 PM) Powered by TCPDF (www.tcpdf.org)