Rajasthan High Court - Jodhpur
Yakub vs State on 28 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3890/2020
1. Yakub S/o Mahboob Ali, Aged About 41 Years, By Caste
Muslim, R/o Village Ridmalsar, Tehsil And District Bikaner.
2. Shaukat S/o Mahboob Ali, Aged About 31 Years, By Caste
Muslim, R/o Village Ridmalsar, Tehsil And District Bikaner.
3. Imran S/o Mujaffar Ali, Aged About 31 Years, By Caste
Muslim, R/o Village Ridmalsar, Tehsil And District Bikaner.
4. Mukhtaiyaar S/o Mahboob Ali, Aged About 41 Years, By
Caste Muslim, R/o Village Ridmalsar, Tehsil And District
Bikaner.
----Petitioners
Versus
1. State, Through P.p.
2. Ashraaf Ali S/o Peer Baksh, Aged About 37 Years, By
Caste Muslim, R/o Village Ridmalsar, Tehsil And District
Bikaner.
3. Mukhtaiyaar S/o Peer Baksh, Aged About 39 Years, By
Caste Muslim, R/o Village Ridmalsar, Tehsil And District
Bikaner.
----Respondents
For Petitioner(s) : Mr. Murli Manohar Prajapat & Mr.
Jayendra Sevada
For Respondent(s) : Mr. Gaurav Singh, PP
Mr. MS Soni, for the respondent
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/01/2021
1. In wake of onslaught of COVID-19, abundant caution is
being taken while hearing the matters in Court.
2. Learned counsel for the petitioners has demonstrated
from family tree that the petitioners and the complainant are
grandchildren of Aladin son of Chhoge Khan.
(2 of 3) [CRLMP-3890/2020]
3. Learned counsel for the petitioners and learned counsel
for the complainant seeks closer of the case to enhance the family
harmony and in the long term interest of the family.
4. Learned counsel for the petitioners and learned counsel
for the respondents have jointly submitted that a compromise has
been arrived at between the parties.
5. Learned Public Prosecutor vehemently opposed the
petition while stating that the compounding of offence or quashing
of FIR under Section 307 IPC, has to be a very restrained
jurisdiction and relied upon the precedent law laid down by the
Hon'ble Apex Court in State of M.P. Vs. Laxmi Narayan & Ors.,
in Criminal Appeal No.349/2019.
6. Learned counsel for the petitioners, however, submits
that the judgment of Narinder Singh & Ors. Vs. State of
Punjab & Anr. in Criminal Appeal No.686/2014 (arising out
of SLP (Criminal) No.9547/2013 has not been overruled and
has merely been merged in the present judgment and thus, the
family harmony aspect can be gone into.
7. Learned counsel for the parties have placed reliance on
a decision of Supreme Court in case of Gian Singh V/s. State of
Punjab & Anr. [(2012) 10 SCC 303].
8. Learned Public Prosecutor has verified the factum of
such compromise.
9. In view of the compromise arrived at between the
parties as well as verification of factum thereof by the learned
Public Prosecutor and applying the ratio in decision of Gian Singh
Vs. State of Punjab & Anr. (supra), this Court deems it just
(3 of 3) [CRLMP-3890/2020]
and proper to invoke its inherent powers under Section 482 Cr.P.C.
10. Accordingly, the present misc. petition is allowed and
the FIR No. 333/2019 lodged at Police Station Jai Narayan Vyas
Colony, Bikaner for the offences under Sections 323, 341, 307 &
34 of IPC, along with entire proceedings pursuant thereto is
hereby quashed.
(DR. PUSHPENDRA SINGH BHATI),J
286-Sudheer/-
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