Citation : 2023 Latest Caselaw 9278 Raj
Judgement Date : 7 November, 2023
[2023:RJ-JD:38861]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7084/2023
Tejpal S/o Sh. Hadmana Ram, Aged About 39 Years, R/o Ward No. 1 Khandwa Patta Peetheesar Dist. Churu (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. Dolat Ram S/o Shri Budha Ram, R/o Ward No. 7 Momasar Shridungargarh Dist. Bikaner (Raj.).
----Respondents
For Petitioner(s) : Mr. Mohan Ram Choudhary For Respondent(s) : Mr. S.K. Bhati, PP Mr. Mahendra Singh Soni
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/11/2023
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.569/2023 registered at the Police Station
Sridungargarh, District Bikaner for the offences under Sections
323, 341, 504, 506 and 34 of the IPC and Section 3(1)(R), 3(1)
(S) and 3(1)(va) of SC and ST (Prevention of Atrocities) 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.
[2023:RJ-JD:38861] (2 of 2) [CRLMP-7084/2023]
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. 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 1000-Samvedana/-
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