Rajasthan High Court
Kalla @ Vikram Son Of Dharam @ ... vs State Of Rajasthan on 4 February, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Petition No. 1173/2022
1. Kalla @ Vikram Son Of Dharam @ Dharamsingh, Aged
About 26 Years, Resident Of Kudgaon, Police Station
Kudgaon, Tehsil Sapotara, District Karauli (Raj).
2. Ramveersingh Son Of Babulal, Aged About 26 Years,
Resident Of Kudgaon, Police Station Kudgaon, Tehsil
Sapotara, District Karauli (Raj).
3. Ashok Son Of Babulal, Aged About 46 Years, Resident Of
Kudgaon, Police Station Kudgaon, Tehsil Sapotara, District
Karauli (Raj).
4. Rameshwar Son Of Ramadhar, Aged About 28 Years,
Resident Of Kudgaon, Police Station Kudgaon, Tehsil
Sapotara, District Karauli (Raj).
5. Balram Son Of Dharam @ Dharamsingh, Resident Of
Kudgaon, Police Station Kudgaon, Tehsil Sapotara, District
Karauli (Raj).
6. Prabhu @ Banda Son Of Mangilal, Aged About 62 Years,
Resident Of Kudgaon, Police Station Kudgaon, Tehsil
Sapotara, District Karauli (Raj).
7. Babulal Son Of Mangilal, Aged About 66 Years, Resident
Of Kudgaon, Police Station Kudgaon, Tehsil Sapotara,
District Karauli (Raj).
----Petitioners
Versus
1. State Of Rajasthan, Through The Public Prosecutor.
2. Purushottam Son Of Late Shri Bhura @ Bhagwan Singh,
Resident Of Kudgaon, Police Station Kudgaon, Tehsil
Sapotara, District Karauli (Raj).
----Respondents
For Petitioner(s) : Mr. Pushpendra Kumar Pandey,
Advocate through VC
For Respondent(s) : Mr. Ramesh Chaudhary, PP for the
State
Mr. Dushyant Jain, Advocate through
VC for the Complainant
(2 of 3) [CRLMP-1173/2022]
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
04/02/2022
The present instant miscellaneous petition has been
preferred on behalf of the accused-petitioners seeking quashing of
the FIR No.84/2020 registered at Police Station Kudgaon, District
Karauli (Raj.) and consequently, quashing of entire criminal
proceedings undertaken in pursuant thereof on the ground of
compromise.
It is appearing that after investigation a charge-sheet has
been submitted, wherein, the learned trial judge has taken
cognizance of offence under Sections 147, 148, 149, 307, 323,
324, 325, 326 and 341 of the Indian Penal Code, 1860 and the
matter has been committed for the trial by the learned Session
Judge, Karauli. It is a very sorry state of affair that the learned
counsel though is seeking quashing of the entire criminal
proceedings in a case pertaining to serious injuries and attempt to
kill, but only single paper of order-sheet of the learned Magistrate
has been placed on record. There is nothing on record to see the
nature and gravity of the allegations and the availability of the
material to substantiate the charge or the quality of the evidence.
The petition has been submitted in a very unscrupulous manner
and, therefore, this Court is not inclined to accede to the prayer
made by the learned counsel for the petitioners.
Accordingly, miscellaneous petition is disposed of with cost of
Rs.5,000/- which shall be deposited with the Rajasthan Legal
Services Authority, High Court, Jaipur. The petitioners would be at
liberty to submit a compromise before the learned Trial Court and
thereafter, they may approach this Court again with all relevant
(3 of 3) [CRLMP-1173/2022]
papers for consideration by this Court for quashing of the
proceedings.
Accordingly, this miscellaneous petition is disposed of.
Stay application is also disposed of.
The receipt of deposition of cost shall be placed with the Trial
Court within twenty days.
(FARJAND ALI),J
Mohita /98
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