Chandrprakash S/O Late Shri ... vs State Of Rajasthan
2022 Latest Caselaw 1271 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 5554/2021

Chandrprakash S/o           Late Shri Kalyan Prasad, Resident Of
Vardhman Nagar Hindaun City Karoli.
                                                                      ----Petitioner
                                      Versus
1.     State Of Rajasthan, Through P.P.
2.     Gopal S/o Shri Babulal, Resident Of Khatikpada, Koliyo Ki
       Athhai Ke Pas Hindoun City Police Station Hindaun City,
       District Karoli (Rajasthan).
                                                                   ----Respondents

For Petitioner(s) : Mr. Prakash Chand Thakuriya Advocate through Video Conferencing.

For Respondent(s) : Mr. Arvind Kumar, P.P.

For Complainant : Mr. Jamasi Advocate through Video Conferencing.

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

04/02/2022

The instant criminal miscellaneous petition has been

preferred by the accused-petitioner seeking quashing of the FIR

No.246/2021 registered at Police Station Hindaun, District Karoli

(Rajasthan) for offence under Sections 143, 323, 452, 384, 307,

504 & 506 of Indian Penal Code, 1860 (hereinafter referred to as

'IPC') and Section 3(1)(r), 3(1)(S), 3(1)(c), 3(2)(va) of the

Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)

Act, 1989.

Although, the petition is submitted with the prayer of

quashing of the FIR, but now learned counsel submits that a

(2 of 3) [CRLMP-5554/2021]

compromise has been arrived at between complainant-Gopal and

petitioner-Chandrprakash, therefore, in view of the compromise,

the FIR may be quashed.

Heard learned counsel for the petitioner and learned counsel

for State and gone through the contents of the FIR as well as the

compromise arrived at between complainant-Gopal and petitioner-

Chandrprakash.

As per the allegations levelled in the FIR, on 01.06.2021 at

around 5.30-6.00 p.m. when complainant-Gopal with Moolchand,

Devkishan, Bhola, Rameshwar and 5-6 other persons went to

Dharmshala where accused party after exchange of hot

altercation, skirmished there and in that course of dispute,

complainant-Gopal sustained a firearm injury on his left thigh.

Other victims-Moolchand Mahavar and Devkishan also sustained

firearm injuries on their legs and victim-Bhola sustained injury on

his left elbow. Likewise victim-Rameshwar Mahavar also sustained

firearm injury on his ankle.

In the peculiar facts and circumstances of the case, since the

perusal of the FIR discloses commission of a cognizable offence,

which requires investigation, therefore, on the merits, there is no

case for quashing of the FIR. As far as question of quashing of the

proceedings on the ground of compromise is concerned, it is

notable that the compromise submitted before this Court is made

in between complainant-Gopal and petitioner Chandrprakash only.

There are other victim persons with whom no compromise has

been entered in. Otherwise also, in a case like the present

wherein, the offence pertains to Section 307 IPC where gun shot

injuries are alleged as well as atrocities committed upon the

members of Scheduled Caste and Scheduled Tribe community, this

(3 of 3) [CRLMP-5554/2021]

Court does not feel persuaded to quash the proceeding on account

of compromise as the same would be against the spirit of the

Supreme Court judgment passed in Gian Singh Vs. State of

Punjab [(2012) 10 SCC 303].

I am not inclined to allow the joint prayer made by

complainant-Gopal and petitioner-Chandrprakash despite the fact

that the petitioner too is a member of Scheduled Caste

community. In my considered view, present is not a fit case for

quashing of the FIR and further proceedings on account of

compromise.

Accordingly, the criminal miscellaneous petition is dismissed.

Stay application is also dismissed.

(FARJAND ALI),J

Sanjay Kumawat-216

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