Mohan Ram vs State Of Rajasthan ...
2023 Latest Caselaw 9833 Raj

[2023:RJ-JD:39585]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7164/2023

Mohan Ram S/o Shri Kewal Ram, Aged About 23 Years, R/o Chabarwalon Ki Dhaniyan, Village Kharda Mewasa, Tehsil Osiyan, District Jodhpur (Raj.).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Lumba Ram S/o Dungarram, Aged About 44 Years, B/c Jat, R/o Bhakaro Birdo Ki Dhani, Village Kelawa Kalla, Tehsil Bawari, District Jodhpur.

----Respondents

For Petitioner(s) : Mr. Suresh Joshi

For Respondent(s) : Mr. Mahipal Bishnoi, PP Mr. Ganpat for the complainant

HON'BLE MR. JUSTICE FARJAND ALI

Order

17/11/2023

1. The instant criminal miscellaneous petition has been filed

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

Information Report (C.R. Case) No.112/2023 registered at the

Police Station Karwar, District Jodhpur (East) for the offence under

Section 363 of the IPC.

2. It is submitted by counsel for the petitioner 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

[2023:RJ-JD:39585] (2 of 2) [CRLMP-7164/2023]

against the petitioner 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

petitioner, are hereby quashed.

6. The stay application also stands disposed of.

(FARJAND ALI),J 367-Pramod/-

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