Harsh @ Hansraj @ Raj vs State Of Rajasthan
2022 Latest Caselaw 1376 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 485/2022

Harsh @ Hansraj @ Raj S/o Narayan, Aged About 20 Years, R/o 51 Gogawat Wadi, Chandpole, Tehsil Girwa, District Udaipur.

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Pradhuman Singh Solanki S/o Chandra Prakash, R/o 69, Ganesh Ghati, Ghantaghar, Udaipur, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ram Singh Rawal (through VC) For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. Praveen Bhati for complainant (through VC)

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

28/01/2022

The instant misc. petition has been preferred by the

accused-petitioner for quashing of the FIR and all consequential

proceedings undertaken in pursuance of criminal proceedings on

the ground of compromise arrived at in between the parties.

Learned counsel for the petitioner submits that the parties

have resolved the dispute amicably and now no-tiff has remained

in between them and accordingly a compromise has arrived at

between them. Therefore, the proceedings may be quashed.

Shri Praveen Bhati, counsel for the complainant/victim does

not dispute the fact of compromise and submits that he does not

wish to continue the criminal proceedings against the petitioner.

Since the matter is exclusively inter-se between the parties

and the same does not affect the society in any manner, present is

(2 of 2) [CRLMP-485/2022]

not a case where apprehension of breach of public peace and

tranquility is involved and therefore, with a view to maintain

harmony among the society, maintain relationship in between the

parties and for the purpose of permanent resolution of dispute in

between them; interference would be required.

This Court is aptly guided by the principles laid down by the

Hon'ble Supreme Court in the case of "Gian Singh vs. State of

Punjab" reported in (2012) 10 SCC 303 wherein it is

propounded that in the given circumstances the High Court, by

exercising it's inherent power can quash the FIR and all criminal

proceeding even in those cases which are not compoundable by

virtue of Section 320 of Cr.P.C.

Heard counsel for the parties. Perused the material available

on record and looking to the totality of facts and circumstances of

the case; this Court deem it appropriate to quash the proceeding.

Accordingly, the instant misc. petition is allowed and the First

Information Report No.81/2021, Police Station Ghantaghar,

District Udaipur for the offence under Section 307 of IPC and all

other consequential proceedings under taken in pursuant thereof

are hereby quashed and set-aside.

The SHO concerned is directed to prepare a closure report

and submit the same before the concerned Magistrate within one

month from the date of receipt of this order.

(FARJAND ALI),J 72-Arun/-

Powered by TCPDF (www.tcpdf.org)