Anwar Khan vs State Of Rajasthan
2023 Latest Caselaw 10786 Raj

Rajasthan High Court - Jodhpur

Anwar Khan vs State Of Rajasthan on 15 December, 2023

Author: Farjand Ali

Bench: Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 7741/2023

1.     Anwar Khan S/o Gani Khan, Aged About 35 Years, B/c
       Mushalman R/o Kabir Nagar, Soorsagar, Jodhpur
2.     Mohammed Vajid S/o Iqbal, Aged About 34 Years, B/c
       Mushalman R/o Kabir Nagar, Soorsagar, Jodhpur
3.     Sikandar S/o Bundu Khan, Aged About 43 Years, B/c
       Mushalman R/o Kabir Nagar, Soorsagar, Jodhpur
4.     Ramjan @ Bhike Khan S/o Chand Khan, Aged About 42
       Years,    B/c     Mushalman           R/o     Kabir         Nagar,   Soorsagar,
       Jodhpur
5.     Haidar @ Bindu Khan S/o Ghishu Khan, Aged About 36
       Years,    B/c     Mushalman           R/o     Kabir         Nagar,   Soorsagar,
       Jodhpur
6.     Shahrukh S/o Rashid Khan, Aged About 30 Years, B/c
       Mushalman R/o Kabir Nagar, Soorsagar, Jodhpur
                                                                       ----Petitioners
                                      Versus
1.     State Of Rajasthan, Through Pp
2.     Smt.     Jarina       Bano       W/o       Mohammed             Saleem,    B/c
       Mushalman, R/o Imam Ajam Road, Maliyo Ka Samsaan,
       Bhairva Bhakar, Kabir Nagar, Soorsagar, Jodhpur
3.     Mohammed Saleem S/o Chand Khan, B/c Mushalman, R/o
       Imam Ajam Road, Maliyo Ka Samsaan, Bhairva Bhakar,
       Kabir Nagar, Soorsagar, Jodhpur
                                                                     ----Respondents


For Petitioner(s)           :     Mr. Rakesh Gupta.
For Respondent(s)           :     Mr. Mahipal Bishnoi, PP.
For Complainant             :     Mr. Aashish Gehlot.


          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.157/2014 registered at the Police Station

(2 of 2) [CRLMP-7741/2023]

Soorsagar, District Jodhpur for the offences under Sections 336,

458, 143, 427, 149 of the IPC.

2. It is submitted by counsel for the petitioners 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 FIR pending

against the petitioners 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

petitioners, are hereby quashed.

6. The stay application also stands disposed of.

(FARJAND ALI),J 575-sumer/-

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