Rajasthan High Court - Jodhpur
Faiyaz Khan vs State Of Rajasthan (2023:Rj-Jd:41594) on 1 December, 2023
Author: Farjand Ali
Bench: Farjand Ali
[2023:RJ-JD:41594]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7364/2023
1. Faiyaz Khan S/o Shri Mohd. Yasin, Aged About 33 Years,
B/c Musalman R/o Udaimandir Asan Ps Nagori Gate
Jodhpur Raj.
2. Chand Mohd. S/o Shri Saleem, Aged About 36 Years, B/c
Musalman R/o Udaimandir Asan Ps Nagori Gate Jodhpur
Raj.
3. Riyaz S/o Mohd. Yasin, Aged About 32 Years, B/c
Musalman R/o Udaimandir Asan Ps Nagori Gate Jodhpur
Raj.
4. Mohd. Kasam @ Pintu S/o Shri Mohd. Yasin, Aged About
40 Years, B/c Musalman R/o Udaimandir Asan Ps Nagori
Gate Jodhpur Raj.
5. Raju @ Raja @ Jafar Iqbal S/o Shri Mohd. Yusuf, Aged
About 35 Years, B/c Musalman R/o Udaimandir Asan Ps
Nagori Gate Jodhpur Raj.
6. Gulam Rasool S/o Imamudeen, Aged About 58 Years, B/c
Musalman R/o Udaimandir Asan Ps Nagori Gate Jodhpur
Raj.
7. Nyaz Mohd. S/o Shri Mohd. Yasin, Aged About 38 Years,
B/c Musalman R/o Udaimandir Asan Ps Nagori Gate
Jodhpur Raj.
8. Chand Mohd. @ Chandiya S/o Shri Mohd. Ibrahim, Aged
About 33 Years, B/c Musalman R/o Udaimandir Asan Ps
Nagori Gate Jodhpur Raj.
9. Shamsher Khan S/o Shri Mohd. Yasin, Aged About 44
Years, B/c Musalman R/o Udaimandir Asan Ps Nagori Gate
Jodhpur Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Mohd. Farooq S/o Shri Mohd. Rafeek, Aged About 35
Years, B/c Musalman R/o Udaimandir Asan Ps Nagori Gate
Jodhpur Raj.
3. Smt. Daulat Bano W/o Shri Ali Hussain, Aged About 41
Years, B/c Musalman R/o Udaimandir Asan Ps Nagori Gate
Jodhpur Raj.
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[2023:RJ-JD:41594] (2 of 3) [CRLMP-7364/2023]
4. Hasan S/o Shri Badrudeen, Aged About 29 Years, B/c
Musalman R/o Udaimandir Asan Ps Nagori Gate Jodhpur
Raj.
5. Mohd. Rafeek S/o Shri Sultan Khan, Aged About 66 Years,
B/c Musalman R/o Udaimandir Asan Ps Nagori Gate
Jodhpur Raj.
6. Ali Hussain @ Raja S/o Shri Sultan Khan, Aged About 41
Years, B/c Musalman R/o Udaimandir Asan Ps Nagori Gate
Jodhpur Raj.
----Respondents
For Petitioner(s) : Mr. Dilip Choudhary, PP
For Respondent(s) : Mr. Sharwan Bishnoi, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/12/2023
1. The instant criminal miscellaneous petition has been filed
under Section 482 of the Cr.P.C. seeking quashing of the
proceedings in Criminal Regular Case No.12137/2014 pending in
the Court of Additional Chief Metropolitan Magistrate No.3,
Jodhpur arising out of FIR No.393/2011 registered at the Police
Station Mahamandir, Jodhpur for the offences under Sections 452,
147, 148 IPC and Sections 3/25, 4/25 of the Arms Act.
2. It is submitted by counsel for the petitioners that the parties
have settled their dispute by way of compromise. The compromise
has been verified by the trial court for only upto the extent of
offences under Sections 323, 427, 325 and 149 of the IPC.
Learned counsel has relied upon the judgment passed by the
Hon'ble Supreme Court in the matter of Gian Singh Vs. State of
[2023:RJ-JD:41594] (3 of 3) [CRLMP-7364/2023]
Punjab & Anr. reported in 2012(10) SCC 303 and prayed that
the criminal proceedings pending against the petitioners in the
aforesaid case be quashed in view of the compromise between the
parties.
3. Learned Public Prosecutor has opposed the petition.
4. Considering the facts and circumstances of the present case
and the fact that the parties have settled their dispute by way of
compromise and also following the judgment passed by the
Hon'ble Supreme Court in the matter of Gian Singh (supra), the
instant criminal miscellaneous petition is allowed and the entire
proceedings in connection with Criminal Regular Case
No.12137/2014 pending in the Court of Additional Chief
Metropolitan Magistrate No.3, Jodhpur arising out of FIR
No.393/2011 registered at the Police Station Mahamandir, Jodhpur
and all consequential proceedings, qua the petitioners, are hereby
quashed.
5. The stay application also stands disposed of.
(FARJAND ALI),J
327-Pramod/-
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