Hema Ram vs State Of Rajasthan (2023:Rj-Jd:40290)
2023 Latest Caselaw 10009 Raj

Rajasthan High Court - Jodhpur

Hema Ram vs State Of Rajasthan (2023:Rj-Jd:40290) on 22 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:40290]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7289/2023

1.       Hema Ram S/o Tila Ram, Aged About 25 Years, R/o
         Gagadi, Mathaniya, Jodhpur City East, Rajasthan
2.       Raju Ram S/o Tila Ram, Aged About 28 Years, R/o
         Gagadi, Mathaniya, Jodhpur City East, Rajasthan
3.       Jhumar Ram S/o Shera Ram, Aged About 33 Years, R/o
         Gagadi, Mathaniya, Jodhpur City East, Rajasthan
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Kanwara Ram S/o Jasa Ram, R/o Jati Shiv, Gagadi,
         Mathaniya, Jodhpur City East, Raj.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Shoubhag Singh
For Respondent(s)         :     Mr. Arun Kumar, PP
                                Mr. Ramjan Khan, for complainant



                HON'BLE MR. JUSTICE FARJAND ALI

Order

22/11/2023

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.124/2023 registered at the Police Station

Mathaniya, District Jodhpur for the offences under Sections 341

and 323 of IPC as well as under Sections 3(2)(va), 3(1)(r) and

3(1)(S) of the SC/ST Act.

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.

[2023:RJ-JD:40290] (2 of 2) [CRLMP-7289/2023]

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 942-divya/-

Powered by TCPDF (www.tcpdf.org)