Citation : 2023 Latest Caselaw 10782 Raj
Judgement Date : 15 December, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7518/2023
Mohammad Bilal S/o Akram Khan, Aged About 21 Years, R/o
Shekh Ji Ki Pol Ke Piche, Laykan Mohalla, Jodhpur, Dist. Jodhpur
(Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Ankit Prajapat S/o Gordhan Prajapat, B/c Prajapat, R/o
Kumharo Ki Gali, Katla Bazar, Jodhpur, Dist. Jodhpur
(Raj.)
----Respondents
For Petitioner(s) : Mr. Ritu Raj Singh Bhati.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
Mr. Khet Singh Rajpurohit.
HON'BLE MR. JUSTICE FARJAND ALI
Order
15/12/2023
1. The instant criminal miscellaneous petition has been filed
under Section 482 of the Cr.P.C. seeking quashing of the First
Information Report No.22/2022 registered at the Station House
Officer, Police Station Sadar Kotwali, District Jodhpur for the
offences under Sections 323, 341, 147 and 149 of the IPC.
2. It is submitted by counsel for the petitioner that the parties
have settled their dispute by way of compromise. Learned counsel
has relied upon the judgment passed by the Hon'ble Supreme
Court in the matter of Gian Singh Vs. State of Punjab & Anr.
reported in 2012(10) SCC 303 and prayed that the Criminal
regular Case No. 9874/2022 (State Vs. Akram Khan & Ors.)
pending in the Court of Metropolitan Magistrate No. 3, Jodhpur
(2 of 2) [CRLMP-7518/2023]
Metro against the petitioner be quashed in view of the
compromise between the parties.
3. Learned counsel for the complainant-respondent has admitted
the fact of compromise between the parties and expresses his
inclination in favour of quashing of the FIR on the ground of
compromise.
4. Learned Public Prosecutor has opposed the petition.
5. 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 the First Information Report
mentioned above and all consequential proceedings, qua the
petitioner, is hereby quashed.
6. The stay application also stands disposed of.
(FARJAND ALI),J 591-sumer/-
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