Subhash Prajapat S/O Kana Ram vs State Of Rajasthan
2022 Latest Caselaw 5447 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 6811/2022

1.     Subhash Prajapat S/o Kana Ram, R/o Rajliya, Nagaur
       (Raj).
2.     Yash Pal Ghasal S/o Ballu Ram Ghasal, R/o Dungari,
       District Jaipur.
3.     Manish Yogi S/o Manoj Yogi, R/o Jogiyon Ka Mohalla,
       Hingoniya, Jaipur.
4.     Vikas Yogi S/o Manoj Yogi, R/o Jogiyon Ka Mohalla,
       Hingoniya, Jaipur.
5.     Lokendra Singh S/o Diwan Singh Sisodiya, R/o 599,
       Pawanpuri West, Benad Road, Behind Bag Ke Balaji,
       Jaipur.
6.     Rajesh Yogi S/o Sunil Yogi, R/o House No. 220, Jogiyo Ka
       Mohalla, Hingoniya, Tehsil Kishangarh Renwal, District
       Jaipur.
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Birdaram Meena S/o Shri Bhagwan Sahai, R/o Aala Ka
       Bas, P.S. Jobner, District Jaipur Rural.
                                                                ----Respondents

For Petitioner(s) : Mr. Mukesh Kumar Saini For State : Mr. Chandragupt Chopra, PP For Respondent No.2 Mr. Pankaj Khandelwal

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

03/08/2022

Heard the parties.

This petition is for quashing the FIR No.159/2022 registered

at Police Station Jobner, District Jaipur Rural for offences under

Sections 143, 323, 341, 379, 504 of IPC and Sections 3(1)(r),

(2 of 2) [CRLMP-6811/2022]

3(1)(r), 3(2)(va) of the SC/ST (Prevention of Atrocity) Act, 1989

(Amendment 2015).

The prayer for quashing is on the ground of compromise

between the parties.

The respondent No.2 is physically present in the Court and

supports the factum of compromise.

The respondent No.2 has filed an affidavit that in fact, no

such incident of assault and abuse had taken place. The informant

lodged a criminal case against the petitioners on instigation of the

villagers.

Learned counsel for the petitioners submits that in identical

situation, quashing of the FIR was allowed by the Hon'ble

Supreme Court in Manoj Agarwal & Anr. Vs. State of U.P. and Anr.

in SLP (Criminal) No.8242/2021 on 04.03.2022.

Considering the factual position of this case as well as the

judgment of the Supreme Court in Manoj Agarwal's case,

continuance of the criminal proceedings would amount to an

abuse of the process of law as fate of trial after settlement of

dispute between the parties is well known. Therefore, the

impugned FIR and the proceedings arising out of the said FIR

stand, hereby, quashed and the petition stands allowed.

Pending application, if any, stands disposed of.

(BIRENDRA KUMAR),J

Sunita/36

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