Rajendra Kumar vs State Of Rajasthan (2023:Rj-Jd:41013)
2023 Latest Caselaw 10126 Raj

Rajasthan High Court - Jodhpur

Rajendra Kumar vs State Of Rajasthan (2023:Rj-Jd:41013) on 28 November, 2023

Author: Farjand Ali

Bench: Farjand Ali

[2023:RJ-JD:41013]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7431/2023

1.       Rajendra Kumar S/o Rati Lal, Aged About 48 Years, B/c
         Banjara, R/o Akra Bhatta, Tehsil Aburoad, Dist. Sirohi.
2.       Soma Ram S/o Rati Lal, Aged About 47 Years, B/c
         Banjara, R/o Akra Bhatta, Tehsil Aburoad, Dist. Sirohi.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Akash S/o Raja Ram, R/o Akrabhatta, Aburoad Sadar,
         Sirohi, Rajasthan.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Abhishek Charan
For Respondent(s)         :     Mr. SK Bhati, PP
                                Mr. Hitendra



                HON'BLE MR. JUSTICE FARJAND ALI

Order

28/11/2023

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.184/2022 registered at the Police Station

Aburoad Sadar, District Sirohi for the offences under Sections 147,

148, 149, 452, 323 and 307 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.

[2023:RJ-JD:41013] (2 of 2) [CRLMP-7431/2023]

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. Though the impugned FIR was registered for the offences under

Sections 147, 148, 149, 452, 323 and 307 of the IPC but after

competition of the investigation, the police has not found the

offence under Section 307 of the IPC proved and the police has

chalked out charge-sheet only for the offences under Sections

147, 148, 323/149 of the IPC which is yet to be filed in the Court

concerned. Since the parties have already settled the dispute out

of the Court, no fruitful purpose would be served by allowing

continuance of the criminal proceeding in the case at hand.

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 562-divya/-

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