Rajasthan High Court - Jodhpur
Bhutaram @ Mahiram vs State Of Rajasthan ... on 16 November, 2023
Bench: Farjand Ali
[2023:RJ-JD:39360]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7009/2023
1. Bhutaram @ Mahiram S/o Shri Bhakarram, Aged About
38 Years, R/o Vill. Netda Ps Karwad Dist. Jodhpur
2. Shri Ramniwas S/o Shri Bhanwararam, Aged About 36
Years, R/o Vill Vinayakpura Ps Karwad Dist. Jodhpur
3. Ramaram S/o Shri Bhakarram, Aged About 34 Years, R/o
Vill. Netda Ps Karwad Dist. Jodhpur
4. Sohanram S/o Ghevarram, Aged About 35 Years, R/o Vill.
Vinayakpura Ps Karwad Dist. Jodhpur
5. Hanumanram S/o Jalaram, Aged About 33 Years, R/o Vill.
Vinayakpura Ps Karwad Dist. Jodhpur
6. Ladusingh S/o Shri Bhanwarsingh, Aged About 40 Years,
R/o Vill. Netda Ps Karwad Dist. Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Mehendra Das S/o Srhi Kundandas, B/c Sad Dist. Kelva
Khurd Ps Ps Karwad Dist. Jodhpur
----Respondents
For Petitioner(s) : Mr. Karmendra Singh
For Respondent(s) : Mr. Abhishek Purohit, AGA
Mr. Ankit Panwar, for respondent No.2
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/11/2023
1. The instant criminal miscellaneous petition has been filed
under Section 482 of the Cr.P.C. seeking quashing of proceedings
of Sessions Case No.2/2017 pending in the court of Additional
Sessions Judge No.2, Jodhpur Metropolitan and any other
proceedings arising out of the First Information Report
No.153/2016 registered at the Police Station Karwad, District
Jodhpur for the offences under Sections 147, 148, 149, 323, 341,
395/34 of the IPC.
[2023:RJ-JD:39360] (2 of 2) [CRLMP-7009/2023]
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 as well
all consequential proceedings 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 proceedings 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 arising out of FIR No.153/2016 registered at Police
Station Karwad, District Jodhpur including Sessions Case
No.2/2017 pending in the Court of Additional Sessions Judge No.2,
Jodhpur Metropolitan, qua the petitioners, are hereby quashed.
6. The stay application also stands disposed of.
(FARJAND ALI),J
497-Pramod/-
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