Citation : 2023 Latest Caselaw 3155 Raj/2
Judgement Date : 4 August, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4480/2023
Ajayraj S/o Sh. Sayarraj, Aged About 35 Years, R/o A-4 Pearl
Ananda Delwara Road Beawar Distt. Ajmer (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Pradeep Kumar S/o Pushkar Narain Panwar, R/o Meera
Colony Near Stand Chandraverdai Nagar, Ramganj, Ajmer.
----Respondents
For Petitioner(s) : Mr. G.S. Sodhi
For Respondent(s) : Mr. Atul Sharma, PP
Mr. Chandra Shekhar for complainant
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Judgment / Order
04/08/2023
1. Both petitioner and complainant are present in person. They
have been duly identified by their respective counsel.
2. By way of this criminal misc. petition under Section 482 of
the Code of Criminal Procedure, the accused-petitioner has
approached this Court with a prayer to quash the FIR
No.264/2023 registered at Police Station Ramganj, Ajmer for the
offences punishable under Sections 323, 341, 392 & 34 IPC.
2. Learned counsel for the petitioner submits that during
pendency of the investigation, the petitioner has entered into a
compromise with the complainant. He submits that it was an
accident plain and simple, which happened on 01.07.2023
However, false allegations of committing offence under Section
392 IPC were levelled while lodging the impugned FIR. He further
(2 of 2) [CRLMP-4480/2023]
submits that the complainant is not inclined to pursue the above
FIR and has no objection, if the impugned FIR is quashed. Copy of
written compromise entered in between the parties has also been
annexed with this petition.
3. Learned Public Prosecutor and learned counsel for the
complainant do not dispute the aforesaid factual position.
4. In view of the aforesaid and considering the submissions
made on behalf of the respective parties; the material made
available for my perusal; considering that the parties have
resolved their dispute and also finding that the present case is
wholly covered by the principle of law laid down by Hon'ble the
Supreme Court in the case of Gian Singh Vs. State of Punjab &
Anr-reported in 2012 Cr.L.J. (SC) 4934 and in the case of
State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors.
[AIR 1992 SC 604], the aforesaid FIR is liable to be quashed in
view of compromise arrived at between the parties.
5. In view of the above, this criminal misc. petition is allowed
and the FIR No.264/2023 registered at Police Station Ramganj,
Ajmer is quashed and set aside. Consequence to follow.
6. The stay application also stands disposed of.
(ANIL KUMAR UPMAN),J
Sudhir Asopa/505
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