Rajasthan High Court
Kailash S/O Murli vs State Of Rajasthan on 9 February, 2021
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 980/2021
1. Kailash S/o Murli, R/o Village Thikariya, Police Station
Batoda, District Sawaimadhopur.
2. Dinesh S/o Murli, R/o Village Thikariya, Police Station
Batoda, District Sawaimadhopur.
3. Dharamraj @ Halka S/o Murli, R/o Village Thikariya, Police
Station Batoda, District Sawaimadhopur.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Roopsingh S/o Murari, R/o Village Thikariya, Police Station
Batoda, District Sawaimadhopur.
----Respondents
For Petitioner(s) : Mr. Ravindra Kumar Paliwal
For Respondent(s) : Mr. F.R. Meena, PP
Mr. Nitin Kumar Sharma for
Mr. Abhishek Haver
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
09/02/2021
This criminal miscellaneous petition under Section 482 Cr.P.C.
has been filed for quashing the criminal proceedings in the
criminal case No.53/2017, State Vs. Kailash & Ors. pending in the
Court of learned Additional Sessions Judge, Gangapur City, District
Sawaimadhopur arising out of FIR No.105/2017 registered at
Police Station Batoda, District Sawaimadhopur for offence under
Sections 147, 148, 323 & 341 of I.P.C. and later on charge-sheet
filed for offences under Sections 341, 323, 325, 308 & 34 of IPC.
(2 of 3) [CRLMP-980/2021]
Learned counsel for the petitioner submitted that the FIR in
question arises out of a dispute on a trifle incident between the
parties, who are family members leading to cross FIR, none
involving any heinous offence. He submitted that the learned trial
Court has, vide order dated 04.01.2021, quashed the proceedings
qua Sections 323, 341 & 325 of IPC being compoundable; but,
declined to quash the proceedings qua Section 308/34 of IPC
being non-compoundable. Relying on the compromise (Annexure
2) and judgments of the Hon'ble Supreme Court in cases Gian
Singh versus State of Punjab & Anr. reported in JT 2012 (9)
SC-426 & Narinder Singh & Ors. versus State of Punjab &
Anr. reported in 2014 Cr.L.R. (SC) 351, he submitted that since
the matter has amicably been settled between the parties, the
proceedings under Section 308/34 of IPC be also quashed.
Learned Public Prosecutor has opposed the criminal
miscellaneous petition.
Learned counsel appearing for the complainant
acknowledging the factum of compromise between the parties,
submitted that he has no objection if the criminal proceedings
arising out of FIR in question are quashed.
Heard learned counsels for the parties and perused the
record.
A perusal of the material on record shows that the dispute
between the parties has amicably been settled by them and the
learned trial Court vide its order dated 04.01.2021 quashed the
proceedings qua Sections 323, 341 & 325 of IPC on the basis of
compromise. In view of compromise between the parties and the
law laid down by the Hon'ble Supreme Court in cases of Gian
(3 of 3) [CRLMP-980/2021]
Singh (Supra) & Narinder Singh (supra), this Court deems it
just and proper to allow this criminal miscellaneous petition.
Resultantly, this criminal miscellaneous petition is allowed.
The criminal proceedings in the criminal case No.53/2017, State
Vs. Kailash & Ors. pending in the Court of learned Additional
Sessions Judge, Gangapur City, District Sawaimadhopur arising
out of FIR No.105/2017 registered at Police Station Batoda,
District Sawaimadhopur for offence under Section 308/34 of IPC
are quashed.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/146
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