Citation : 2022 Latest Caselaw 4337 Raj/2
Judgement Date : 30 June, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 5466/2022
Teju Puri S/o Pratap Puri, Aged About 52 Years, R/o UGAIss, P.S.
Kekri Sadar, District Ajmer, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through P.P.
2. Raghunath S/o Pratap Puri, Aged About 60 Years, R/o
UGAI, P.S. Kekri Sadar, District Ajmer, Rajasthan.
3. Lalaram S/o Pratap Puri, Aged About 45 Years, R/o UGAI,
P.S. Kekri Sadar, District Ajmer, Rajasthan.
4. Smt. Pinki W/o Lalaram Puri, Aged About 30 Years, R/o
UGAI, P.S. Kekri Sadar, District Ajmer, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pradeep Sharma For State : Mr. Chandragupt Chopra, PP For Respondent(s) Mr. Atar Singh
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
30/06/2022
This petition is for quashing of FIR No.99/2022 registered at
Police Station Kekri Sadar, District Ajmer for the offence under
Sections 341, 323 and 308 of IPC. Prayer for quashing of the FIR
is on the ground of compromise between the parties as the parties
belong to the same family.
Complainant is present in the Court and submits that the
parties have entered into compromise.
Submission is that though Section 308 of IPC is not
compoundable, however, considering the nature of allegation, a
Bench of this Court in another matter allowed quashing of FIR
(2 of 2) [CRLMP-5466/2022]
under Section 308 of IPC considering the judgment of Hon'ble
Supreme Court in the case of Gian Singh Vs. State of Punjab
[(2012) 10 SCC 303].
In the aforesaid circumstance, continuance of the
proceedings would be an abuse to the process of law. Hence, the
impugned FIR and subsequent proceedings are hereby quashed
and the petition stands allowed.
Pending application, if any, stands disposed of.
(BIRENDRA KUMAR),J
Sunita/66
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