Rajasthan High Court - Jodhpur
Parwat Rani @ Parbat Rani vs State Of Rajasthan (2023:Rj-Jd:41718) on 2 December, 2023
Author: Nupur Bhati
Bench: Nupur Bhati
[2023:RJ-JD:41718]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5003/2023
1. Parvt Rani @ Parbat Rani W/o Lt. Sh. Parmod Kumar,
Aged About 30 Years, B/c Jat, R/o Sector No. 03,
Hanumangarh Town, Teh. And Dist. Hanumangarh (Raj.).
2. Vimla Devi W/o Sh. Farsa Ram, Aged About 87 Years,
Muradwala Shaher, Dist. Faazilka (Punjab).
3. Indra Devi W/o Ramji Lal, Aged About 57 Years,
Korinyawali Shaher, Dist. Faazilka (Punjab)
4. Ramji Lal S/o Sh. Bhagirath, Aged About 63 Years,
Korinyawali Shaher, Dist. Faazilka (Punjab).
5. Vijay Kumar @ Subhash Kumar S/o Sh. Farsa Ram, Aged
About 38 Years, R/o Vill. Muradwala Shaher, Dist. Faazilka
(Punjab).
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Sohan Lal S/o Sh. Bhadur Ram, R/o Sector No. 03,
Hanumangarh Town, Teh. And Dist. Hanumangarh (Raj.).
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1114/2023
1. Prabat Rani @ Parvt Rani W/o Lt. Sh. Parmod Kumar,
Aged About 30 Years, B/c Jat, R/o Agyat Hanumangarh
Town At Present H.no. 460, Sector No. 03, Hanumangarh
Town, Teh. And Dist. Hanumangarh (Raj.).
2. Indra Devi W/o Sh. Ramji Lal, Aged About 57 Years, B/c
Jat, R/o Agyat Hanumangarh Town, At Present H.no. 139,
Village Kerian, P.o. Sabuana, Teh. Abohar, Dist. Fazilka
(Punjab).
3. Ramji Lal S/o Sh. Bhagirath, Aged About 63 Years, B/c
Jat, R/o Agyat Hanumangarh Town, At Present H.no. 139,
Village Kerian, P.o. Sabuana, Teh. Abohar, Dist. Fazilka
(Punjab).
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
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[2023:RJ-JD:41718] (2 of 5) [CRLMP-5003/2023]
2. Sohan Lal S/o Sh. Bhadur Ram, R/o Sector No. 03,
Hanumangarh Town, Teh. And Dist. Hanumangarh (Raj.)
----Respondents
S.B. Criminal Misc(Pet.) No. 2108/2023
1. Parwat Rani @ Parbat Rani W/o Late Shri Parmod Kumar,
Aged About 30 Years, B/c Jat, R/o Sector No. 03,
Hanumangarh Town, Tehsil And District Hanumangarh
(Rajasthan)
2. Ramji Lal S/o Shri Bhagirath, Aged About 63 Years, B/c
Jat, R/o H. No. 139, Village Kerian, P.o. Sabuana, Tehsil
Abohar, District Fazilka (Punjab)
3. Vijay Kumar @ Subhash Kumar S/o Shri Farsa Ram, Aged
About 38 Years, B/c Jat, R/o Unknown, Hanumangarh
Town, District Hanumangarh (Rajasthan) At Present R/o
Village Muradwala, Tehsil Abohar, District Fazilka (Punjab)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Sohan Lal S/o Shri Bhadur Ram, R/o Sector No. 03,
Hanumangarh Town, Tehsil And District Hanumangarh
(Rajasthan)
----Respondents
For Petitioner(s) : Mr. Navneet Poonia
For Respondent(s) : Mr. A.R. Chaudhary, PP
Mr. Rakesh Matoria for complainant
HON'BLE DR. JUSTICE NUPUR BHATI
Order
02/12/2023
S.B. Criminal Misc. Petition No.5003/2023
1. The instant petition has been filed under Section 482 Cr.P.C.
by the petitioners seeking quashment of FIR No.344/2023 dated
18.05.2023, registered at P.S. Hanumangarh Town, District
[2023:RJ-JD:41718] (3 of 5) [CRLMP-5003/2023]
Hanumangarh for the offences under Sections 458, 382, 383, 323,
324, 147 and 149 IPC.
2. Learned counsel for the petitioners submit that the parties
have entered into compromise and thus, the FIRs and the
consequential proceedings may be quashed and set aside.
3. Learned counsel for the petitioner has placed reliance upon
the judgment passed by Hon'ble Apex Court in Narendra Singh
Vs. State of Punjab, reported in (2014) 6 SCC 466, in which
the Hon'ble Apex Court has specifically laid down that, 'On the
other hand, those criminal cases having overwhelmingly and pre-
dominantly civil character, particularly those arising out of
commercial transactions or arising out of matrimonial relationship
or family disputes should be quashed when the parties have
resolved their entire disputes among themselves.
4. Learned counsel appearing for the respondent No.2 is in
agreement and submits that parties have entered into
compromise and the complainant is not inclined to continue with
the proceedings initiated against the petitioners.
5. Learned Public Prosecutor has placed factual report dated
01.12.2023 before this Court in which it has been submitted that
the offences under Sections 458, 382, 383, 324, 147 and 149 IPC
have not been found to be made out against the petitioners.
6. The factual report dated 01.12.2023 is taken on record.
7. In view of the compromise arrived at between the parties
and applying the ratio in decision of Narendra Singh Vs. State
of Punjab (supra), this Court deems it just and proper to invoke
inherent powers of this Court under Section 482 Cr.P.C.
[2023:RJ-JD:41718] (4 of 5) [CRLMP-5003/2023]
8. Accordingly, the present petition is allowed. The FIR
No.344/2023 dated 18.05.2023, registered at P.S. Hanumangarh
Town, District Hanumangarh for the offences under Sections 458,
382, 383, 323, 324, 147 and 149 IPC and all consequential
proceedings are hereby quashed and set aside on the basis of
compromise.
9. The stay application and all other pending applications, if
any, also stand disposed of.
S.B. Criminal Misc. Petition No.1114/2023 & 2108/2023
1. The instant petitions have been filed under Section 482
Cr.P.C. by the petitioners seeking quashment of FIR No.72/2023
dated 04.02.2023 for the offences under Section 341, 323, 452
and 34 IPC and FIR No. 253/2023 dated 12.04.2023, for the
offences under Sections 458 and 380, registered at P.S.
Hanumangarh Town, District Hanumangarh respectively.
2. Learned counsel for the petitioners stated at Bar that the
parties have entered into compromise and also submits that the
offences alleged in the FIRs are not made out against the
petitioners and, therefore, the impugned FIRs may be quashed.
3. Learned counsel for the petitioners has placed reliance upon
the judgment passed by Hon'ble Apex Court in Narendra Singh
Vs. State of Punjab, reported in (2014) 6 SCC 466, in which
the Hon'ble Apex Court has specifically laid down that, 'On the
other hand, those criminal cases having overwhelmingly and pre-
dominantly civil character, particularly those arising out of
commercial transactions or arising out of matrimonial relationship
[2023:RJ-JD:41718] (5 of 5) [CRLMP-5003/2023]
or family disputes should be quashed when the parties have
resolved their entire disputes among themselves.
4. Learned counsel appearing for the respondent No.2-
complainant is in agreement that the parties have entered into
compromise and offences alleged in the FIR No. 72/2023 and FIR
No. 253/2023, registered at P.S. Hanumangarh Town, District
Hanumangarh are not made out against the petitioners and also
submits that the complainant is not inclined to continue with the
proceedings initiated against the petitioners.
5. In view of the aforesaid and applying the ratio in decision of
Narendra Singh Vs. State of Punjab (supra), this Court deems
it just and proper to invoke inherent powers of this Court under
Section 482 Cr.P.C.
6. Accordingly, the present petitions are allowed. The FIR
No.72/2023 dated 04.02.2023 for the offences under Section 452,
323, 341, 34 of IPC and FIR No. 253/2023 dated 12.04.2023 for
the offences under Section 458, 380 of IPC registered at P.S.
Hanumangarh Town, District Hanumangarh and consequential
proceedings are hereby quashed and set aside on the basis of
compromise.
7. The stay applications and all other pending applications, if
any, also stand disposed of.
(DR. NUPUR BHATI),J
357-359-amit/-
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