Shyopat Ram vs State Of Rajasthan
2021 Latest Caselaw 12234 Raj

(1 of 2) [CRLMP-5258/2019]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 5258/2019

1. Shyopat Ram S/o Mallu Ram, Aged About 35 Years, B/c Jat, R/o Surjanser, Tehsil Suratgarh, Dist. Sriganganagar.

2. Mansharam S/o Bhadar Ram, Aged About 32 Years, B/c Jat, R/o Gomawali, Teh. Srivijay Nagar District Sriganganagar.

3. Kamlesh S/o Om Prakash, Aged About 26 Years, B/c Jat, R/o Surjanser, Tehsil Suratgarh, Dist. Sriganganagar.

----Petitioners Versus

1. State Of Rajasthan, Through PP

2. Chetram S/o Duniram, Aged About 30 Years, B/c Jat, R/o Surjanser, Tehsil Suratgarh, Dist. Sriganganagar.

----Respondents

For Petitioner(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. S.K. Bhati, PP Mr. Navneet Punia

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

05/08/2021

Heard. Perused the material available on record.

The instant misc. petition has been filed by the petitioners

herein seeking quashing of FIR No.244/2019 registered at the

Police Station Jaitsar, District Sri Ganganagar for the offences

under Sections 341, 323, 307, 447 and 143 IPC on the ground

that the complainant has compromised the entire dispute with the

petitioners and thus, the FIR deserves to be quashed.

Learned counsel for the complainant agrees to this

submission. However, learned Public Prosecutor has drawn this

(2 of 2) [CRLMP-5258/2019]

Court's attention to the Investigating Officer's factual report and

the injury report of the injured Chetaram which indicates that

significant injuries were caused to him including head injuries for

which, Chetaram had to be subjected to surgery. The IO has found

the Ingredients of the offence under Section 307 made out against

the petitioner. Thus, considered in light of Supreme Court's

Judgment in the case of Gian Singh Vs. State of Punjab & Anr.

Special Leave Petition (Crl.) 8989/2010, proceedings of the

FIR cannot be quashed on the ground of compromise.

Thus, leaving the petitioners at liberty to raise all their

objections before the trial court at the appropriate stage, the

instant misc. petition is dismissed.

(SANDEEP MEHTA),J 57-/Sudhir Asopa/Devesh/-

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