Dhoni @ Vikram vs State Of Rajasthan (2023:Rj-Jd:40745)
2023 Latest Caselaw 10072 Raj

Rajasthan High Court - Jodhpur

Dhoni @ Vikram vs State Of Rajasthan (2023:Rj-Jd:40745) on 24 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:40745]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7088/2023

1.       Dhoni @ Vikram S/o Mithu Ram, Aged About 29 Years,
         B/c Meghwal, R/o Ward No. 13, Mandi Pilibanga, Tehsil
         Pilibanga, Dist. Hanumangarh,raj.
2.       Imran Khan S/o Hasan Khan, Aged About 30 Years, B/c
         Musalman, R/o Ward No. 13, Mandi Pilibanga, Tehsil
         Pilibanga, Dist. Hanumangarh,raj.
3.       Jaggu @ Jagga Singh S/o Singara Singh, Aged About 32
         Years, B/c Bajigar R/o Ward No. 11, Mandi Pilibanga,
         Tehsil Pilibanga, Dist. Hanumangarh,raj.
4.       Ayub Khan S/o Aziz Khan, Aged About 32 Years, B/c
         Musalman R/o Ward No. 13, Mandi Pilibanga, Tehsil
         Pilibanga, Dist. Hanumangarh,raj.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Ashok Kumar S/o Ganesha Ram, B/c Jat R/o Ward No. 12,
         Mandi Pilibanga, Tehsil Pilibanga, Dist. Hanumangarh,raj.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Bhoop Singh Moond
For Respondent(s)         :     Mr. S.K. Bhati, PP
                                Mr. Mohan Ram Choudhary, for
                                complainant



                HON'BLE MR. JUSTICE FARJAND ALI

Order

24/11/2023

1. The instant criminal miscellaneous petition has been filed

under Section 482 of the Cr.P.C. seeking quashing of the

proceedings in Criminal Case No.5/2015 (State Vs. Dhoni @

Vikram & Ors.) pending in the Court of Special Judge (SC/ST Act

Cases), Hanumangarh arising out of FIR No.537/2014 registered

[2023:RJ-JD:40745] (2 of 3) [CRLMP-7088/2023]

at the Police Station Pilibanga, District Hanumangarh for the

offences under Sections 307, 458, 323, 324, 382, 147, 149 of the

IPC and Sections 3(1)(x), 3(2)(v) 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.

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. The parties have decided to settled the dispute amicably and

have arrived at a compromise out of the court and the

compromise deed has already been placed on record of the trial

court. Though offence under Section 307 of the IPC is involved in

the matter, which is not a compoundable offence, but on a careful

perusal of the material placed on record including the injury

[2023:RJ-JD:40745] (3 of 3) [CRLMP-7088/2023]

report, it is revealing that only simple injuries were caused to the

victim, thus, prima facie a case under Section 307 of the IPC is

not made out. This court is also cognizant of the fact that in light

of the compromise arrived at between the parties, there is

imminent possibility that in case the trial is proceeded with, the

prosecution witnesses may turn hostile and it will be a worthless

exercise. In this background 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 Case No.5/2015

(State Vs. Dhoni @ Vikram & Ors.) pending in the Court of Special

Judge (SC/ST Act Cases), Hanumangarh arising out of FIR

No.537/2014 registered at the Police Station Pilibanga, District

Hanumangarh and all consequential proceedings, qua the

petitioners, are hereby quashed.

6. The stay application also stands disposed of.

(FARJAND ALI),J 194-Pramod/-

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