Rajasthan High Court - Jodhpur
Parikshit Godara vs State Of Rajasthan on 22 November, 2021
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6214/2021
1. Parikshit Godara S/o Shri Raisahab, Aged About 23 Years,
B/c Jat, R/o Jodkiya, 14 Llw, Tehsil And District
Hanumangarh.
2. Akshay Kumar S/o Shri Kulwant, Aged About 21 Years,
R/o Bhompura, Tehsil And District Hanumangarh.
3. Sudhir Balihara @ Dheeru S/o Gopiram, Aged About 26
Years, R/o Satipura, Tehsil And District Hanumangarh.
4. Sushil Kumar Balihara S/o Shri Dharampal, Aged About
25 Years, R/o Satipura, Tehsil And District Hanumangarh.
5. Rai Singh Balihara S/o Shri Shyonarayan, Aged About 26
Years, R/o Satipura, Tehsil And District Hanumangarh.
6. Ramesh Saharan S/o Shri Rai Singh, Aged About 28
Years, R/o Ward No. 09. Bhambhuwali Dhani, Tehsil And
District Hanumangarh.
7. Sushil Meel S/o Rohitash Meel, Aged About 25 Years, R/o
Nethrana, Tehsil Bhadra, District Hanumangarh.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Nishabh Jyani S/o Shri Rohitash Jyani, Aged About 24
Years, B/c Jat, R/o Ward No. 19, Shyam Singh Colony,
Hanumangarh Junction, Tehsil And District Hanumangarh
(Raj.)
----Respondents
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. S.S. Rajpurohit, PP
Mr. Zafar Khan
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
22/11/2021
The present misc. petition has been filed for quashing the
FIR No.0157/2020 registered at Police Station Hanumangarh
Junction, District Hanumangarh for the offences under Sections
341, 323, 307, 147, 148, 149, 427 & 120-B of IPC.
Heard learned counsel for the parties.
Learned counsel for the petitioners submits that the
petitioners and complainants are students and the incident
occurred on a trivial issue between the two parties in the heat of
moment. He further submits that the parties have compromised
(2 of 2) [CRLMP-6214/2021]
the matter outside the Court. The compromised deed filed is taken
on record.
The fact of compromise is not disputed by learned counsel
appearing for the respondent.
Learned counsel for the petitioners has relied upon the
judgment of the Hon'ble Supreme Court in the case of Gian
Singh vs. State of Punjab, (2012) 10 SCC 303, State of M.P.
V/s Laxmi Narayan & Ors. [AIR 2019 SC 1296] & Ram
Gopal and Ors. Vs. State of Madhya Pradesh (Criminal
Appeal No. 1489 and 1488 of 2012 decided on 29.09.2021)
and prays that the proceedings arising out of the FIR may be
quashed.
In view of the aforementioned compromise arrived at
between the parties and considering the fact that the compromise
is not disputed by learned counsel for the respondent as also
applying the law laid down in Gian Singh vs. State of Punjab
(Supra), State of M.P. V/s Laxmi Narayan & Ors. (Supra) &
Ram Gopal and Ors. Vs. State of Madhya Pradesh (Supra)
this Court deems it just and proper to invoke inherent powers
under Section 482 Cr.P.C.
Accordingly, the present misc. petition is allowed and the
impugned FIR No.0157/2020 registered at Police Station
Hanumangarh Junction, District Hanumangarh for the offences
under Sections 341, 323, 307, 147, 148, 149, 427 & 120-B of IPC
is quashed and set aside.
(VINIT KUMAR MATHUR),J
71-payal/-
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